-
by Admin
07 May 2024 2:49 AM
Chandigarh, May 17, 2023: In a significant judgment, the High Court of Punjab and Haryana dismissed a writ petition challenging the appointment of a petitioner as a Lecturer under the Self-Financing Scheme (SFS) based on an invalid Scheduled Castes (SC) certificate. The court ruled that the petitioner, who belongs to the Muslim community, was not entitled to the benefits of reservation as only individuals professing Hinduism or Sikhism can be recognized as Scheduled Castes.
Justice Jaishree Thakur, presiding over the case, held that the petitioner's SC certificate, obtained through clerical errors, was invalid. The court emphasized that the petitioner's religious affiliation was a crucial factor in determining eligibility for SC status. The judgment stated, "Notwithstanding anything contained in paragraph 2, no person who professes a religion different from the Hindu or the Sikh religion shall be deemed to be a member of a Scheduled Caste."
Rejecting the petitioner's argument that he was appointed under the general category, the court noted that the petitioner had explicitly mentioned his SC category in the application form and had been treated as an SC candidate throughout the selection process. Justice Thakur stated, "The petitioner, despite any possible procedural lapses, obtained the benefit of reservation under the SC category."
Regarding the petitioner's plea to consider his length of service, the court emphasized that the appointment based on an invalid SC certificate was void ab initio. Citing a Supreme Court judgment, the court ruled that the petitioner cannot retain the benefits of a wrongful appointment obtained through misrepresentation.
High court dismissed the writ petition, ordering the petitioner to vacate any government accommodation within two months. However, the court clarified that the salary and other emoluments already paid to the petitioner would not be recovered.
Date of Decision: May 17, 2023
Abid Ali VS State of Haryana and others
