J.C. Verma, J. - (1.) To an advertisement No. 6 Category No. 126/Selections/93/94 for filling up 25 posts of Lecturers in Sanskrit in College Education Department which carried the minimum qualification of post graduate degree in Sanskrit subject with 55% marks at least along with Ph. D or National Level Eligibility Test, the petitioner having fulfilling the qualifications applied for the post of Lecturer in Sanskrit. He was called for interview on 11.3.1996. He appeared in the interview with all his original documents including the Caste Certificate. He was selected having been found fit and was appointed by the respondent No. 4 vide order dated 14.6.1996, copy of which has been attached as Annexure - 2. He joined the duties at Maharani Shri Jaya College, Bharatpur in the month of July, 1996 vide Annexure-2. His services were terminated on 13.12.1996((Annexure-4) on the ground that the certificate of the petitioner belonging to Scheduled Caste was a forged one. Being aggrieved against the order Annexure-4 dated 13.12.1996, the petitioner filed a writ petition being S.B. Civil Writ Petition No. 427/97 which writ petition was allowed and a direction was issued to the respondents to hold an enquiry in regard to the allegations regarding forged certificate of being Scheduled Caste by the petitioner.
(2.) This Court passed an order 24.1.1997, operative part of which is reproduced as under - "It has been submitted by Shri Chetan Bairwa that the order of termination is clearly illegal as the petitioner should not have been dismissed from service without any show cause notice or without granting him any opportunity to explain the position. The submission is partially of some substance. I, therefore, direct the competent authorities to hold enquiry in regard to the allegation regarding production of forged caste certificate by the petitioner and give reasons for holding so. It goes without saying that if at all the finding regarding forgery committed by the petitioner is found to be un-substantiated, he will be at liberty to move this Court for his reinstatement. The enquiry may be completed preferably within a period of four months."
(3.) An enquiry was held in this regard. It was found that even though the certificate had been issued by the Tehsildar, but the certificate was illegal and as another Annexure-9 dated 30.7.1997 was passed, informing the petitioner that the certificate of being Scheduled Caste produced by him was invalid and in case he wants to represent, he was free to do so. The petitioner represented vide Annexure-10.;