SHARMA, J. - (1.) THE appellant was appointed on the post of Veterinary Assistant, which was reserved for the persons belonging to Scheduled Caste. Vigilance Committee recommended for removal of the appellant from the service on the ground that the appellant had obtained appointment on the basis of fake caste certificate. THE said report dated August 1, 1992 of the Vigilance Committee was challenged by the appellant before learned Single Judge and after unsuccessful writ petition the appellant has preferred the instant appeal.
(2.) THE question that emerges for our consideration is whether the appellant is a person belonging to Scheduled Caste and he could be selected against a post reserved for the persons belonging to Scheduled Caste? Contextual facts depict that the appellant belonged to Kalbelia Caste, which is Scheduled Caste as has been enumerated at Item No. 31 in Gazette of India Extraordinary (Part II Dated September 20, 1976. The appellant obtained Caste Certificate on June 14, 1974 from Munsif & Judicial Magistrate I Class Rajgarh, Alwar. The appellant having qualified the examination for the post of Veterinary Assistant in the year 1974-75, was appointed to the post of Veterinary Assistant vide order dated June 25, 1975. The appellant thereafter got promotion to the post of Senior Compounder vide order dated January 30, 1985. In the year 1992 the President of Dr. Bheemrao Ambedkar Vichar Vikas Samiti Alwar lodged a complaint against the appellant with the Public Grievance and Vigilance Committee. The said Committee held a meeting under the Chairmanship of Collector Alwar on July 29, 1992 and considered as many 37 complaints, out of which the complaint regarding appellant was at Item No. 23. The committee without issuing any notice to the appellant straightway recommended removal of appellant from service on the ground that caste certificate filed by the appellant was fake. Being aggrieved by the recommendation of the Committee dated August 1, 1992 the appellant preferred the writ petition and contended that the appellant belonged to Kalbelia caste, which came in the category of Scheduled Caste and the Caste Certificate dated June 14, 1974 was issued after holding due inquiry by the competent authority. In reply to writ petition, the respondents contended that appellant belonged to Jogi caste, which was not a Scheduled Caste. According to the respondents the caste certificate filed by the appellant was a fake document.
(3.) WE have heard rival submissions. It is contended by learned counsel for the appellant that during relevant days in June,1974 the Judicial Magistrate was empowered to issue caste certificate. The caste certificate was issued by the learned Magistrate after holding the inquiry. It is further urged that the State Government vide order dated July 20, 1976 described at Item No. 31, `kalbelia caste' as Scheduled Caste. It is next canvassed that the certificate issued by competent authority had to be taken by employer as sufficient proof and the employer could not sit in judgment over caste certificate. ;