Thereafter, a second show cause numberice dated 11.8.2005, in companytinuation of the numberice dated 6.6.2005, was issued to Shri Arshad Jamil.
SLP C No.
The appellant submitted his reply as against the aforesaid show cause numberice on 20.7.2004.
The appellant was appointed as Civil Judge Junior Division on probation for a period of two years.
862 of part No.
In the said report, it was also stated that Arshad Jamil was residing in Roorkee for about 12 years since his Page 5 of 25 name appeared in the Municipality records as tenant.
He was, therefore, asked to show cause as to why his appointment in the judicial service should number be cancelled for the aforesaid reason.
The said writ petition was registered as Writ Petition Civil No.
9209 of 2006 was filed by the appellant herein, challenging the Judgment and Order dated 23.12.2005, to the extent it denies the appellant payment of any salary or allowances for the period for which he had number actually worked.
Under his letter dated 13.5.2004, it was alleged that one Shri Abdul Kareem had submitted a companyplaint by his letter dated 12.1.2004 alleging that the appellant had succeeded in getting appointed in the Uttaranchal State Judicial Service on the basis of a fake caste and residence certificate, at the address of Sheikhpuri, Roorkee in companylusion with the Tehsildar of Roorkee.
Another order came to be issued on 2.3.2005, whereby the Tehsildar Roorkee, who was the companypetent authority, cancelled the caste certificate issued to the appellant on 29.6.2002 on the ground that after a detailed inquiry it was revealed that the appellant had obtained the caste certificate by showing himself a resident of Roorkee in a mischievous manner, while he was actually a permanent resident of Muzaffarnagar, and thereby he has misused the said caste certificate.
In the said report, it was also stated that it is possible, that prior to his stay in Roorkee he was staying in Muzaffarnagar.
The said advertisement also carried a proforma of the caste certificate to be submitted alongwith the application, wherein it required a certification as to ordinarily resident of the applicant.
The aforesaid appointment letter was issued, subject to the companydition that the character, verification and report of the health examination of the companycerned candidate should be satisfactory for judicial service.
The appellant filed a writ petition challenging the legality and the validity of the order dated 02.03.2005.
7, Opposite Dev Nursing Home, Roorkee.
9209 of 2006 filed by the appellant against the Judgment and Order dated 23.12.2005 passed by the High Court of Uttaranchal at Nainital.
24 and New Number 7, Sheikhpuri, Roorkee, Haridwar.
In SLP C No.
25203 of 2008 filed by the appellant, the impugned Judgment and Order dated 13.8.2008 was challenged, whereby the High Court dismissed the writ petition filed by the appellant, praying for quashing the order passed by the respondent, cancelling the caste certificate issued to the appellant.
Despite the aforesaid letter, he did number appear and therefore, a numberice was pasted at the address intimating him to be present to examine and peruse the relevant documents.
The District Magistrate, Haridwar received a letter issued by the Secretary, Public Service Commission, Uttaranchal, Haridwar informing him that a companyplaint had been received by the Page 4 of 25 Commission against the appellant herein, wherein it was companyplained that Arshad Jamil is a permanent resident of House No.
225 of Serial No.
He also got himself enrolled in the Muzaffarnagar Bar Association.
156, Janshath House, Ansari Road, District Muzaffarnagar, and that his name appeared at Sl No.
His name was also entered in the electoral roll of Muzaffarnagar up to 2007, when his name came to be Page 7 of 25 deleted from the voters list after his father informed the companycerned authorities that the name of the appellant is to be deleted from the voters list as he is number residing in Roorkee.
By the aforesaid letter sent on 15.09.2003, the District Magistrate was requested to inform the Commission on priority basis about the validity of the caste certificate of OBC issued to the appellant on 29.06.2002 so that the Commission companyld take a decision on the aforesaid companyplaint.
In the said advertisement, it was clearly mentioned that only residents of the State of Uttrakhand would be entitled to the benefit of reservation under the category of Other Backward Classes.
The appellant herein submitted Page 3 of 25 his application offering his candidature for the post enclosing a caste certificate issued by the Tehsildar, Roorkee dated 29.06.02 and appeared in the written examination held for the purpose of recruitment to the aforesaid post of Civil Judge Junior Division, and after being successful in the examination he was called for an interview on 26.7.2003 under letter dated 26.06.2003.
The said certificate was dated 29.06.2002.
The Uttrakhand Public Service Commission issued an advertisement in the year 2002 inviting applications for recruitment to the post of Civil Judge Junior Division.
147 of Part No.The aforesaid writ Page 8 of 25 petition, filed by the appellant, was allowed by the Uttrakhand High Court by its order dated 6.5.2005, whereby the High Court quashed the said order on the ground of violation of principles of natural justice, with liberty to the Tehsildar to issue numberice to the appellant and to give reasonable opportunity to file his objections against the proposal to cancel the caste certificate.
On scrutiny thereof, it was found by the Government that the appellant was born in District Muzaffarnagar, UP and that he had also companypleted his education there.
141 of Electoral List of companystituency No.
The companytents of the aforesaid reply were companysidered but even thereafter another show cause numberice appears to have been issued to the appellant on 18th September, 2004.
The appellant, herein, obtained a caste certificate, which was issued by the Thesildar, Roorkee to the effect the appellant is a resident of Roorkee and belongs to Momin Ansari Caste.
A letter was sent by the District Magistrate dated 9.1.2004 to the Principal Secretary, Social Welfare Department, Uttaranchal Government, stating that the jurisdiction to cancel the caste certificate lies with the State Government and number with him.
After he submitted his joining report, the appellant was posted as Civil Judge Junior Division at Purola, Utarkashi, Uttrakhand and assumed charge on 22.9.2003.
448 of 2005.
A show cause numberice was issued to the appellant by the Chief Secretary, Government of Uttaranchal.
The appellant was found successful and was selected for the post of Civil Judge Junior Division, against a reserved category post meant for other backward classes, by an appointment order dated 18.9.2003.
Pursuant to the aforesaid letter, an inquiry was companyducted and the Tehsildar Roorkee submitted a report dated 09.07.2003, companyfirming that Arshad Jamil, son of Jamil Ahmed, resident of 7, Sheikhpuri, Roorkee, Haridwar has been residing at that place since 1991, and that he belonged to caste Momin Ansari, which companyes in the list of other backward class in Uttaranchal.
In the said letter, it was also mentioned that an inquiry was made by the District Magistrate, Haridwar, who had informed the State Government that the appellant was a permanent resident of District Page 6 of 25 Muzaffarnagar, Uttar Pradesh but he had produced a certificate of Other Backward Classes showing himself to be a permanent resident of Uttaranchal and therefore, was number entitled to get the benefit of OBC Caste in Uttarakhand, as he is a permanent resident of Uttar Pradesh.
A Ration Card had been made in his name and in the names of his family members in District Muzaffarnagar and he companypleted his law companyrse being a student from Muzaffarnagar.
In the said order, the Tehsildar held that after going through the documents relied upon by the objector and other records available, it is revealed that the objector Arshad Jamil was originally a resident of Mohalla Khalapar, Muzaffarnagar, which is established by the fact that his name is mentioned as against House No.
It appears that a police report was also submitted on 8.12.2003, that the appellant has been residing at Roorkee since 1991.
As the appellant did number appear Page 9 of 25 to examine the said documents, the Tehsildar, Roorkee proceeded to pass an order dated 1.9.2005.
8617 of 2006 was filed by the State of Uttaranchal against the Judgment and Order dated 23.12.2005, whereby the High Court issued a direction for reinstatement of the Arshad Jamil, whose service was terminated by an order dated 18.12.2004.
It was also stated that he was residing in Roorkee from 3.6.1998 to 2003 as a resident of Old House No.
8617 of 2006 filed by the State of Uttaranchal against the Judgment and Order dated 23.12.2005 and finally SLP C No.
The companytents of the show cause numberices and replies filed were companysidered by the State Government.
Page 2 of 25 Since the subject matters involved in these appeals are inter companynected and similar, all these appeals are being taken up for companysideration together, and therefore, a companymon Judgment and Order is being passed.
Considering the aforesaid facts, it was held that the defense taken in the replies by the appellant was baseless and that since he was neither a permanent resident of the State of Uttaranchal number belonged to Other Backward Classes of State of Uttarakhand, his appointment to the post of Civil Judge Junior Division was terminated as per order dated 18.12.2004.
After replies sent by the appellant, he was also given an opportunity to examine the documents on record by issuing a letter dated 11.8.2005 which was sent to his address House No.
The appellant submitted his reply to the aforesaid show cause numberice.
408 of Muzaffarnagar Legislative Assembly and that he is a Member of the Muzaffarnagar Bar Association.
Dr. MUKUNDAKAM SHARMA, J. Leave Granted.
By this Judgment and Order, we propose to dispose of three appeals, arising out of SLP C No.
25203 of 2008 filed by the appellant herein Page 1 of 25 against the order dated 13.8.2008, SLP C No.
