- (1.) RAJESH Tandon, J. Heard Sri Sudhanshu Dhulia, Senior Advocate, assisted by Sri D. S. Patni, learned counsel for the petitioner and Sri Sharad Sharma, counsel for the re spondent no. 2 and Standing Counsel for the respondents no. 1, 3, 4 and 5.
(2.) BY the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 18-12-2004 passed by respondent no. 1 ter minating the services of the petitioner as Civil Judge (J. D. ). Petitioner has, fur ther, prayed for a writ of mandamus di recting the respondents to allow the pe titioner to work on the post of Civil Judge (Junior Division) and pay him salary regularly. Briefly stated, an advertisement No. 2/2002-2003 was published invit ing applications for the post of Civil Judge (Junior Division), by the Uttaranchal Public Service Commission (U. P. S. C. ). The petitioner, being a member of the caste 'momim-Ansar' which is included in the list of Other Backward Classes (O. B. C.) in Uttaranchal, applied for the post of Civil Judge (Junior Division ). Admit Card was issued to the petitioner for the preliminary examination. The peti tioner succeeded in the said examina tion and he was called for the main examination. The list of successful candi dates for interview was published in the News Paper by the Public Service Com mission. The petitioner was one of the candidates included in the list of suc cessful candidates. Accordingly, a letter was sent on 26-06-2003 calling him to appear for interview on 26-07-2003. With this call letter for interview dated 26-06-2003, a format of OBC Certifi cate was sent which was to be submit ted on the date of interview. The said OBC certificate on prescribed format sent by UPSC was duly issued by the Tehsildar Roorkee after examining the OBC Certificate of the petitioner No. 665 dated 29-06-2002. As per adver tisement, apart from the said format of caste certificate issued by UPSC, there was no other requirement with regard to residence. The format as well as Cer tificate issued are quoted below :- English Text Office of the Tehsildar, Roorkee Letter No. 665 No. No. 2002 dt. CERTIFICATE OF OTHER BACKWARD CLASs Certified that Shri Arshad Jamil s/ o Sri Jamil Ahmed r/o 7, Sekhpuri in front of Deo Nursing Home, Roorkee, Pargana and Tehsil Roorkee, District Haridwar is a member of Other Back ward Caste, Momin Ansar of the State of Uttaranchal. This caste has been recognized under Schedule I of Uttaranchal Public Service Commis sion and Other Backward Classes Reservation Act, 1994 as enforceable in the State of Uttaranchal. It is also certified that Shri Arshad Jamil is not covered by Notification No. 22/16/92-ka-2/1995 TI. CI. dated 8 December, 1995 as amended vide Schedule-2 of the said Act, 1994. Sri Arshad Jamil and/or his fam ily ordinarily resides at 7, Sekhpuri Village, Roorkee Tehsil Haridwar Nagar of Uttaranchal State. Dated : 29-6-2002 Sd/- (illegible) Tehsildar, Roorkee After the interview, a list of suc cessful candidates was issued by the UPSC recommending for appoint ment as Civil Judge (Junior Divi sion ). In this list the name of the pe titioner found place at Serial No. 29 in the category of OBC, meaning thereby that the documents and cer tificates of the petitioner were found to be to the satisfaction of respond ent no. 3. The list of successful can didates is extracted below : SI. No. Roll No. Name________________________category 1- 6643 Nitin Kumar 2- 2321 Dhananjay Kumar 3- 2041 Ajai Chaudhari OBc 4- 566 Anuj Kumar Sangal 5- 111 Rajeev Kumar Khulbe 6- 2119 Kaushal Kishor Shikla 7- 65 Sudhir Kumar 8- 527 Amit Kumar Sirohi 9- 12320 Neetujoshi Women 10- 2013 Sujata Singh 11- 13723 Shahanshal Mohd. Dilber Danish 12- 2124 Srikant Kumar Pandey 13- 173 Rakesh Kumar Mishra 14- 12281 Vindhyachal Singh 15- 1879 Km. Rama Pandey 16- 5717 Manish Mishra 17- 6943 Neena Agrawal 18- 3018 Brijendra Singh Sc 19- 6228 Amarinder Singh 20- 3244 Bharat Bhushan Pandey 21- 101 Arvind Kumar OBc 22- 175 Varun Kumar 23- 461 Sayan Singh OBc 24- 7658 Km. Monika Mittal Women 25- 465 Km. Neelam 26- 13108 Rajeev Kumar OBc 27- 3432 Anju Shri Juyal Women 28- 12524- Preeturani 29- 12763 Arshad Jamil ' OBc 30- 1216 Sujeet Kumar Sc 31- 2390 Mohd. Sultan OBc 32- 7467 Mahesh Chandra Kaushik OBc 33- 5981 Km. Shadav Bano OBC (W) 34- 9331 Naseem Ahamad OBc 35- 176 Abdul Kayum OBc 36- 10691 Mithileshjha Ex. Soldier 37- 6954 Shaish Chandra Sc 38- 12519 Om Kumar Sc 39- 337 Kumar Sc 40- 1045 Km. Archana Sagar SC (Woman) 41- 7866 Kusum 42- 191 Nandan Singh St The respondents, after examin ing the documents submitted by the pe titioner, issued appointment letter dated 18th September, 2003 appointing him to the post of Civil Judge (Junior Divi sion) on probation for two years. The said appointment letter was issued sub ject to verification of character and medical report.
(3.) PURSUANT to the said appoint ment order, a notification dated 18-9-2003 was issued by High Court of Uttaranchal posting the petitioner as Civil Judge (Junior Division) in the vacant Court at Purola, Uttarkashi. The Uttaranchal Public Service Commission vide letter dated 15-09-2003 requested the District Magistrate to verify the OBC certificate of the pe titioner. Subsequently, the District Mag istrate, Haridwar vide letter dated 23-09-2003 wrote to Tehsildar Roorkee to verify the OBC certificate. In compli ance of the order of the District Magis trate, the Tehsildar Roorkee, after tak ing the statement of neighbours and landlord of the petitioner and also af ter duly verifying the Assessment Reg ister of the Nagar Palika, Roorkee, vide letter dated 31-10-2003 reported that the OBC certificate of the petitioner" is correct and genuine and in accordance with the Government Order dated 29th March, 2003. The said correction is quoted below : Hindi Applicant Shri Arshad Jameel s/o Jameel Ahmed resident of 1 Shekhpuri, in front of Deo Nursing Home has got a certificate dated 29-6-2002 and has sworn an affidavit showing his address as 1 Shekhpuri, Roorkee and his caste as Momin Ansar. The certificate issued to Sri Arshad Jameel s/o Jameel Ahmed showing his residence as 7, Sbekhpuri and his caste as Momin Ansar, Other Backward Caste, was cor rectly issued in accordance with the Government orders.;