- (1.) This special appeal is directed against a judgment of the learned Single Judge dated 1 June 2012.
(2.) In pursuance of an advertisement which was issued by the New Okhla Industrial Development Authority, both the appellants were appointed as Gardeners on 12 August 1997. For the purpose of securing appointments against the reserved posts, the appellants relied upon the caste certificates dated 20 August 1997 issued by the Tehsildar, Balachaur in the State of Punjab. The services of the appellants were terminated on 11 May 2007. The appellants along with six others filed writ proceedings challenging their termination. The appellants stated in paragraph 5 of the petition that they are permanent residents of the State of Punjab and belong to a Scheduled Caste. In support, they relied upon the caste certificates issued to them in the State of Punjab, which refer to the appellants as being Ad-dharmi by caste and of being ordinary residents of the State of Punjab. The appellants contended that the order of termination was passed without complying with the principle of natural justice. A counter affidavit was filed on behalf of the Authority stating that the appointments of the appellants were void and they had inadvertently been selected though they were ordinary residents of the State of Punjab and the caste certificates that were issued in the State of Punjab were not valid in the State of Uttar Pradesh. The learned Single Judge has dismissed the petition by the impugned order.
(3.) The law on the subject is now well settled. In Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in State of Maharashtra Vs. Union of India, 1994 5 SCC 244 the Supreme Court observed as follows:- "Coincidently it may be that a caste or tribe bearing the same nomenclature is specified in two States but the considerations on the basis of which they have been specified may be totally different. So also the degree of disadvantages of various elements, which constitute the point for specification, may also be totally different. Therefore, merely because a given caste is specified in State A as a Scheduled Caste does not necessarily mean that if there be another caste bearing the same nomenclature in another State the person belonging to the former would be entitled to the rights, privileges and benefits admissible to a member of the Scheduled Caste of the latter State "for the purposes of this Constitution.";