Clerical error stands as a cause for unemployment at Kurukshetra University
TITLE – Abid Ali v State of Haryana and Others
Decided On-: :17.05.2023
CWP No.18033 of 2017(O&M)
CORAM: HON’BLE MR. JUSTICE JAISHREE THAKUR
INTRODUCTION – One of the causes of unemployment is said to be a procedural lapse . when a well-drafted procurement is carried out without thought
FACTS OF THE CASE
According to the filing of the instant writ petition, the petitioner, Abid Ali, began working as a contractual Teaching Associate in respondent No.2-University in 2006. Respondent No.2-University advertised for 5 Lecturer positions in the Department of Journalism & Mass Communication under SFS in the same year, 2006.One of the five SFS posts was set aside for the SC category while the other four were unreserved. On 02.07.2007, the subject was mentioned as appointment to the post of Lecturer (SC) on temporary basis, whereas in the appointment letter issued under SFS, it was mentioned as appointment to the post of Lecturer (under SFS), implying that no category was mentioned in the said appointment letter. On 02.07.2007, the petitioner began working as a Lecturer at SFS in the Department of Journalism and Mass Communication. On the same date, the petitioner and respondent No.2-University entered into a service agreement. On May 23, 2012, one Krishan Kumar filed a complaint against the petitioner, alleging that the petitioner obtained a job while claiming to be a SC candidate because he belonged to the Julaha community, despite the fact that he cannot be selected under the SC category because he is a Muslim. Based on the complaint, the Assistant Registrar of the respondent-University wrote a letter dated 05.07.2012 to the Deputy Commissioner, Karnal for verification of the petitioner’s caste certificate, which was replied to by the Deputy Commissioner, Karnal on 30.10.2012 stating that there is no entry in the name of Abid Ali regarding the issuance of SC Certificate at Sr. No.2348 dated 12.09.2000. It turned out that the SC certificate entered at Sr. No.2348 was issued in the name of Sanjeev, son of Chandri Ram, whereas the SC certificate issued to the petitioner’s father was Sr. No.2299 dated 12.09.2000. Due to a clerical mistake, the Executive Council formed a committee to consider the recommendation of the previous committee and to suggest action to be taken against the petitioner in light of the report received from the Deputy Commissioner, Karnal. At the Executive Council meeting on July 28, 2017, a decision was made to remove the petitioner from service, which will not disqualify him from future employment. Throughout the selection process, the petitioner was treated as a candidate in the SC category. As a result, the petitioner’s argument that he ran for the position under the General Category is ineffective.
COURT ANALYSIS AND DECISION
Both the parties has relied on rulings that have in the favour of they respective aruguments. But this hon’ble has found that
In the absence of any evidence before this Court that petitioner herein practises Hinduism or any other religion as specified in paragraph 3 of the Presidential Order, this Court concludes that petitioner was not entitled to be issued a SC certificate as a member of the Muslim community. The possibility of clerical error on the part of the official maintaining the register also pales into insignificance given that the petitioner, being a Muslim, is not entitled to a Scheduled Caste Certificate in the first instance.
This Court believes that because the petitioner’s appointment was based on a Scheduled Caste certificate to which he was not entitled, it is void ab initio, and he cannot receive the benefit of the length of service for which he was not eligible in the first place.
However, as a result of the same, the petitioner’s salary and other emoluments will not be recovered. If the petitioner retains the government accommodation as of today, he is required to vacate it within two months.
As a result, the current petition is dismissed.
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Written by- Steffi Desousa