The Punjab & Haryana High Court has recently upheld the dismissal of an assistant professor from Kurukshetra University, stating that they are not entitled to the benefit of the SC category solely based on their Muslim identity.
The Punjab and Haryana High Court has affirmed the termination of the employment of an Assistant Professor from Kurukshetra University, stating that he, as an individual belonging to the Muslim community, is not eligible to receive an SC certificate.
“This Court holds the view that while the petitioner may not have provided false information or obtained the SC certificate through fraudulent means since he sought and availed benefits under a certificate he was clearly ineligible for, he cannot be permitted to remain in service,” expressed Justice Jaishree Thakur, the presiding judge on the bench.
The court added, “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”.
During the proceedings, the Punjab and Haryana High Court reviewed the plea of the assistant professor who was dismissed from service for claiming benefits under the SC category. The case dates back to 2010 when Abid Ali was appointed as an assistant professor under the SC category. However, in 2012, a complaint was filed with Kurukshetra University by an unsuccessful candidate, alleging that the petitioner secured the job by claiming to be an SC candidate from the Julaha community, despite being Muslim, which made him ineligible for selection under the SC category.
In 2017, a committee discovered that the petitioner did not possess an SC certificate, as confirmed by the Deputy Commissioner of Karnal. Subsequently, an additional committee was formed by the Executive Council to evaluate the recommendations of the previous committee. Ultimately, during a meeting of the Executive Council, a decision was made to terminate the professor from his position.
The court emphasized that even if it is assumed, for the sake of argument, that there was no misrepresentation or fraud committed by the petitioner, it is evident from the petitioner’s name and his father’s name that he belongs to the Muslim community. Despite this fact, a Scheduled Caste certificate was issued in his favor.
“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,” stated the court
The petitioner’s counsel put forth an argument that the petitioner should receive the benefit of the 16 years of service he has rendered. In response, the court stated, “…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.”
Nonetheless, the court clarified that the salary and other benefits already paid to the petitioner should not be recovered. The court further stated that if the petitioner currently occupies government accommodation, it should be vacated within a period of two months from the date of the order, which was issued on May 17.
