N.M. Sirsikar vs Union of India

None appears for the respondent, even though they are represented by their counsel, inspite of adjournment of the matter for appearance of the respondent or their counsel on 19.9.2014 none is appearing.

In this appeal filed under Section 2(1) of the M.P. Uchch Nyayalay (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 challenge is made to an order dated 26.11.2010 passed by the Writ Court in W.P. No.16767/2010.

Petitioner is working in the office of Director, Geo- Spatial Data Centre, Survey Colony (Survey of India), Jabalpur. It is seen that the petitioner was granted the benefit of reservation and availed of certain promotion also. Alleging certain irregularities in the matter of following the policy of reservation in the promotion exercise, certain complaints were received and therefore for the purpose of verification, the department issued a communication to the petitioner vide Annexure P/1 directing him on 21.5.2010 to submit certain documents so as to verify his social status. Subsequently, a detailed letter Annexure P/2 dated 25.6.2010 was issued and petitioner was directed to submit the documents as detailed therein for verification of his caste status. Various correspondence took place and it seems that the department wanted to refer the question of determination of caste status of the petitioner to the Scheduled Caste Scheduled Tribe Certificate Scrutiny Committee functioning at Nagpur. Admittedly, this was done by the department in view of the law laid down by the Supreme Court in the case of Kum. Madhuri Patil and another Vs. Addl. Commissioner, Tribal Development, Thane and others, . However, when the petitioner did not submit the documents in time, the department seems to have refused assistance to the petitioner and directed the petitioner to get his certificate scrutinized from the Committee himself and get a report. Aggrieved by this action and refusal of assistance from the department in not getting the certificate scrutinized, the petitioner approached this Court in W.P. No.16767/2010 and came out with a case that the petitioner has already deposited the documents with the department and therefore, now the department should get the documents verified and insistence on the petitioner for getting the verification done was not called for.

Learned writ court looked into the matter and in its order dated 26.11.2010 came to the conclusion that when the opportunity was granted to the petitioner to submit the documents to the department for the purpose of verification, the petitioner did not submit the documents in time, therefore, now the department cannot be said to have committed any default in directing the petitioner to get the certificate verified. Observing so the writ court refused to interfere into the matter.

Shri Sanjay Lal, learned counsel for the appellant took us to the documents available on record and tried to indicate that the petitioner was always co-operating and willing to submit the documents. The delay occurred because the petitioner was unable to collect all the documents in time. The delay was bonafide and instead of considering all these aspects, a very hyper-technical view is taken by the writ court in directing the petitioner to get the documents verified. It is said that the writ court also did not took note of the aforesaid aspects of the matter and simply dismissed the writ petition.

We have considered the contentions advanced and we find that this is only a case where documents have been forwarded to the appropriate Caste Scrutiny Committee constituted in accordance with the law laid down by the Supreme Court in the case of Madhuri Patil (supra) and a decision is to be taken. The question as to who should forward the document and who is responsible for getting the caste certificate scrutinized should not come in the way in getting the social status of the petitioner scrutinized by the said high power Committee.

Taking note of the aforesaid factors, we issue the following directions -

On petitioner''s filing certified copy of this order alongwith the relevant documents which the petitioner was directed to submit for verification by the department, the competent authority of the department shall accept the documents and forward the same to the appropriate high level Committee for getting the documents and social status of the petitioner verified by the Caste Scrutiny Committee constituted and functioning in accordance with the directions of the Supreme Court in the case of Madhuri Patil (supra). That apart, the petitioner should also file an additional copy of the documents alongwith the certified copy of this order before the Secretary of the Scheduled Caste Scheduled Tribe Certificate Scrutiny Committee details of which are given in Annexure P/5 and which is functioning at Nagpur and on the same being done, we request the appropriate Committee to conduct a verification process and pass an appropriate orders at an early date. Petitioner shall take steps in this regard as directed hereinabove within a period of 15 days from receipt of certified copy of this order.

With the aforesaid, the appeal stands disposed of.