Punjab & Haryana High Court Upholds Dismissal Of Assistant Professor Of Kurukshetra University, Says Not Entitled To Benefit Of SC Category As Muslim

The Punjab and Haryana High Court has upheld the termination of the service of an Assistant Professor of Kurukshetra University, observing that he was not entitled to be issued an SC certificate, being a person belonging to Muslim Community.

“This Court is of the opinion that even though the petitioner may not have misrepresented at the time of obtaining an SC certificates or obtained the same fraudulently, but since he claimed and was given benefit under the said certificate to which he was definitely not entitled to, he cannot be allowed to continue in service,” said the bench of Justice Jaishree Thakur.

“In the absence of any material available before this Court that petitioner herein is professing Hinduism or any other religion as specified in para 3 of the Presidential Order (Constitution (Scheduled Castes) Order, 1950), this Court is of the opinion that petitioner was not entitled to be issued an SC certificate, being a person belonged to Muslim Community,” the court added.

It was hearing the assistant professor’s plea against removal of the services for claiming benefit under SC category. In 2010, Abid Ali was appointed as an assistant professor under SC category and thereafter in 2012, a complaint was made to Kurukshetra University by an unsuccessful candidate alleging therein that the petitioner obtained job while claiming himself to be an SC candidate belonging to Julaha community, whereas he cannot be selected under SC category, being a Muslim.

In 2017, a committee found that as per report of Deputy Commissioner, Karnal, the petitioner had not been issued SC certificate. Thereafter, another Committee was constituted by Executive Council to consider the recommendation of the Committee earlier constituted. A decision was later taken in the meeting of the Executive Council for the removal of the professor from service.

The court said even if it is assumed for the sake of argument that there is no misrepresentation or fraud on behalf of the petitioner as it is apparent from the name of petitioner and his father’s name that he belonged to Muslim community and despite that fact, Scheduled Caste certificate was issued in his favour.

"But the settled position of law is that a person to have the status of Scheduled Caste must profess Hinduism or any other religion as specified in para 3 of the Constitution (Scheduled Castes) Order, 1950 (hereinafter referred to as Presidential Order), as issued by the President in exercise of the power conferred upon him under Article 341 of the Constitution of India," said the court

The counsel for petitioner had argued that he should be given benefit for the length of service of 16 years he has rendered. On this the court said, “…since the appointment of the petitioner based on the Scheduled Caste certificate to which he was not entitled to, is void ab initio, he cannot get the benefit of length of service for which he was not eligible at the first instance.”

However, the court said the salary and other emoluments paid to the petitioner shall not be recovered. "The government accommodation, if retained by the petitioner as on today, is to be vacated by him within a period of two months from today," it added in the order dated May 17.

Case Title: Abid Ali v.State of Haryana and others

Appearances: Senior Advocate R.S. Bains, with Advocates Mohan Singh Chauhan,Saurabh Bedi, for the petitioner.

Anant Kataria, DAG, Haryana, A.S. Virk, Advocate for respondent No.2.

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