- (1.) The petitioner claims to have been born in 1961 in Agarwal family, she contracted marriage with Dr. Veer Singh who belongs to the Jatav community (Scheduled Caste) (SC). The marriage was contracted against the will of her parents, as such, the parents severed all relations with the petitioner. Out of their wedlock two sons were begotten in 1980 and 1982, respectively. It is contended that the petitioner on being assimilated and naturalized in Jatav community applied for caste certificate which was accordingly issued by the District Collector, Bulandshahar on 29 November 1991 certifying that the applicant belongs to Scheduled Caste (Jatav) community. The petitioner, thereafter, was appointed Post-Graduate Teacher (Hindi) in Kendriya Vidyalaya Sangathan on 16 December 1993 under the category reserved for Scheduled Caste, during service the petitioner obtained M.A. Degree. Upon putting 19 years of service as teacher in Kendriya Vidyalaya Sangathan, upon complaint, the Deputy Commissioner, Kendriya Vidyalaya Sangathan requested the District Magistrate to get the caste certificate verified. On the direction of the District Magistrate, the Tehsildar, Tehsil Sadar, Bulandshahar vide order dated 22/27 June 2013 cancelled the caste certificate and directed the petitioner to return the caste certificate.
(2.) It appears that the petitioner made a request to the District Magistrate to recall the order of cancellation, upon no heed being paid, the petitioner approached this Court in a petition being Writ-A No. 15682 of 2014 which was disposed of on 7 April 2014 directing the District Magistrate to decide the representation of the petitioner. The District Magistrate rejected the representation by order dated 3 September 2014 with the reasoning that the caste of a person is determined by birth not by marriage to a person belonging to the reserved category. Aggrieved, petitioner again approached this Court in a petition being Writ Petition No. 52295 of 2014 which was also disposed of on 24 September 2014 with the observation that the petitioner may approach the Commissioner of the Division in appeal. In appeal, the Commissioner, Meerut Division, Meerut/Regional Level Committee dismissed the appeal by order dated 27 December 2014 upholding the order of the District Magistrate. Aggrieved, the petitioner approached the State Government/State Level Committee, which by order dated 15 May 2015 affirmed the orders passed by the Regional Level Committee and the District Level Committee. As a result of the cancellation of the caste certificate, the petitioner has since been removed from service of the Kendriya Vidyalaya Sangthan vide order dated 18 March 2015 passed by the Additional Commissioner (Administration) & Disciplinary Authority, Kendriya Vidyalaya Sangathan.
(3.) The petitioner is assailing the orders passed by the State Level Committee arising from the order passed by the District and Regional Level Committee, a further direction has been sought to restore the caste certificate issued to the petitioner in 1991.;