Recently, the division bench comprising, Justices Attau Rahman Masoodi and Om Prakash Shukla of the Allahabad High Court held that Scheduled Caste Community Certificate cannot be given to person who is not SC by birth and had claimed such status only on account of her marriage with a person belonging to SC.

In the said matter, the Court was dealing with a case where the non Schedul Caste appellant obtained a Scheduled Caste Community Certificate on account of her marriage with a person belonging to the Scheduled Caste. 

In this instance, the appellant, Smt. Kushnuda Parveen, was chosen for the position of Lecturer (Urdu) through direct recruitment by the U.P. Secondary Education Services Selection Board. Her appointment to this role was executed on 07.06.1996 within the institution. It's worth noting that her selection was made under the reserved quota, specifically the Scheduled Caste category, based on the Caste Certificate she provided.

Sri Ram Ujagar Mishra (respondent no.7) was initially appointed in the Institution on the post of Assistant Teacher (L.T. Grade) in the year 1981 on ad hoc basis, however, his services were regularized w.e.f. 06.04.1991 in the Institution vide order dated 02.08.1992. 

Shri Bismillah Khan, who was the Lecturer in Mathematics in the Institution, retired on 30.06.1991 on attaining the age of superannuation and as such, vide resolution dated 02.08.1992, the Committee of Management resolved to grant promotion to Shri Ram Ujagar Mishra (respondent no.7) on the vacant post of Lecturer in Mathematics in the Institution on ad hoc basis under 50% promotion quota. 

The District Inspector of Schools had accorded approval to the aforesaid resolution of the Committee of Management to grant ad hoc promotion to Shri Ram Ujagar Mishra (respondent no.7). Subsequently the U.P. Secondary Education Service Selection Board intimated the decision of the Board to the D.I.O.S. in regard to the regular promotion of Shri Ram Ujagar Mishra (respondent no.7) on the post of Lecturer in Mathematics in the Institute. 

Apparently, a dispute in regard to the seniority arose in the Institution between the appellant and respondent No.7 as apparently, the said seniority would lead to appointment as Principal to the said Institution. 

The appellant preferred a representation claiming seniority and sought for handing over the officiating charge on the post of Principal to her by reverting Shri Ram Ujagar Mishra on the post of Assistant Teacher (L.T. Grade). The Regional Joint Director of Education, Devipatan Mandal, Faizabad had considered the aforesaid representation of the appellant and rejected the same vide order dated 02.06.2011 (“First Order”). 

Subsequently, Shri Shyam Das Maurya, who was the Principal of the Institution, retired on attaining the age of superannuation on 30.06.2011 and before his retirement, the Committee of Management passed a resolution on 29.06.2011, resolving to appoint Shri Ram Ujagar Mishra (respondent no.7) as ad hoc/officiating Principal of the Institution. The said resolution (“Second Order” ) was sent to D.I.O.S. for attestation of the signature of Shri Ram Ujagar Mishra as Principal and payment of salary.

Meanwhile, the appellant preferred Writ Petition challenging the First Order by which her representation claiming seniority was rejected. The Single Judge, while entertaining the said writ petition, kept in abeyance the order dated 02.06.2011 passed by the Regional Joint Director of Education, Devipatan Mandal, Faizabad till further order of the Court vide order dated 14.07.2011. 

Thereafter the appellant had claimed for joining on the post of Principal on ad hoc/officiating basis, but the same was not allowed and as such, she preferred Contempt Petition which was disposed of.

The bench noted that it would not be possible to adopt equitable considerations to sustain the Scheduled Caste Community Certificate that had been obtained by the appellant, who admittedly does not belong to the Scheduled Caste Community by birth and had claimed such status only on account of her marriage with a person belonging to the Scheduled Caste. 

 Case Title: Revanasiddappa vs. Mallikarjun and Connected Cases (C.A. No. 2844/2011)