ARSHAD JAMIL versus STATE OF UTIARAKHAND & ORS.

ARSHAD JAMIL versus STATE OF UTIARAKHAND & ORS.

The appellant was not an ordinary resident of Roorkee, Uttarakhand, but a permanent resident of Muzaffarnagar, U.P., as established by documentary evidence; hence, he was not entitled to the benefit of OBC reservation in Uttarakhand. The cancellation of his caste certificate and subsequent termination from service was justified. Principles of natural justice were observed when he was given an opportunity to respond before the final cancellation.

Parties
Appellant: Arshad Jamil; Respondent: State of Uttarakhand; Respondents: Public Service Commission, Uttarakhand & Ors.
Jurisdiction
India
Judgment Date
07 September 2011
Procedural Posture
Civil Appeal / Final Judgment on Appeals From High Court Orders
Outcome
Appeal by appellant dismissed; appeal by State allowed
Legal Topics
Termination of Service, Caste Certificate, Reservation, Principles of Natural Justice, Ordinary Residence, Judicial Review of Administrative Action
Service Law Termination of Service Caste Certificate Reservation Principles of Natural Justice Ordinary Residence Judicial Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

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Parties

Arshad Jamil

Appellant

State of Uttarakhand

Respondent

Public Service Commission, Uttarakhand & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeals From High Court Orders

Legal Issues

  1. 1 Whether the appellant was an ordinary resident of Uttarakhand for the purpose of securing OBC reservation to the post of Civil Judge
  2. 2 Whether the cancellation of the appellant's caste certificate and subsequent termination of service was valid
  3. 3 Whether principles of natural justice were followed in the cancellation of the caste certificate

Ratio Decidendi

The appellant was not an ordinary resident of Roorkee, Uttarakhand, but a permanent resident of Muzaffarnagar, U.P., as established by documentary evidence; hence, he was not entitled to the benefit of OBC reservation in Uttarakhand. The cancellation of his caste certificate and subsequent termination from service was justified. Principles of natural justice were observed when he was given an opportunity to respond before the final cancellation.

Court Disposition

Appeal by appellant dismissed; appeal by State allowed

Orders

  • Upholding cancellation of appellant's caste certificate
  • Upholding termination of appellant's service as Civil Judge