Page No.# 1/16 vs The Union Of India And 7 Ors
2025 Latest Caselaw 1465 Gua

Gauhati High Court

Page No.# 1/16 vs The Union Of India And 7 Ors on 25 July, 2025

                                                                            Page No.# 1/16

GAHC010273052023




                                                                      2025:GAU-AS:9691
                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : WP(C)/6991/2023

            RUDRA SUKLA BAIDYA S/O NARENDRA SUKLABAIDYA R/O CONGRESS
            COLONY SRIPURIA P.O. TINSUKIA DIST. TINSUKIA ASSAM PIN 786125

            VERSUS

            THE UNION OF INDIA AND 7 ORS
            REP BY THE SECRETARY TO THE GOVT OF INDIA MINISTRY OF
            PETROLEUM AND NATURAL GAS SHARTRI BHAWAN NEW DELHI 110001

            2:INDIAN OIL CORPORATION LTD HAVING ITS REGISTERED OFFICE AT
            INDIAN OIL BHAWAN G9 ALIYAVAR JUNG MARG BANDRA EAST MUMBAI
            400051 MAHARASHTRA REP BY ITS MANAGING DIRECTOR

            3:THE EXECUTIVE DIRECTOR INDIAN OIL CORPORATION LTD ASSAM OIL
            DIVISION DIGBOI REFINERY DIGBOI DIST. TINSUKIA ASSAM 786171

            4:GENERAL MANAGER HR IOCL (AOD DIGBOI) DIGBOI REFINERY DIGBOI
            DIST TINSUKIA ASSAM 786171

            5:THE DISTRICT COMMISSIONER/DEPUTY COMMISSIONER
             DIST TINSUKIA ASSAM 786125

            6:THE CHAIRMAN OF SCHEDULE CAST DEVELOPMENT BOARD
            TINSUKIA DIST TINSUKIA ASSAM 786125

            7:CHARIMAN OF SUB DIVISIONAL SCHEDULE CAST DEVELOPMENT
            BOARD SADIYA CHAPAKHOWA DIST. TINSUKIA ASSAM 786157

            8:THE ADDITIONAL DEPUTY COMMISSIONER
             SADIYA SUB DIVISION TINSUKIA DISTRICT ASSAM PIN 78615

Advocate for the Petitioner   : MR S KHOUND, MR. A SARMA,MS. N BORAH,MR. J PAULO

Advocate for the Respondent : DY.S.G.I., MR. M HUSSAIN (R-2,3,4),MR. A SARMA (R-2,3,4),MS

G SWAMI (R-2,3,4),MR. K KALITA (R-2,3,4),GA, ASSAM Page No.# 2/16

:::BEFORE:::

HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR Date of hearing: 25.07.2025 Date of Judgment: 25.07.2025

Judgment & order(Oral)

Heard Mr. S. Khound, learned counsel, appearing on behalf of the petitioner. Also heard Mr. A. Sarma, learned counsel, appearing on behalf of the respondent No. 4; and Ms. U. Sharma, learned counsel, appearing on behalf of respondents No. 5, 6, 7 & 8.

2. The challenge in the present proceeding is to an order, dated 08-07- 2022, passed by the General Manager (HR), Indian Oil Corporation Limited, AOD - Digboi Refinery, terminating the service of the petitioner on the ground that he had secured appointment in the organization, basing on a caste certificate, which, on verification, was found to be a fake.

3. The facts, in brief, requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:

The petitioner, herein, in pursuance of an Advertisement, dated 25-10- 2019, issued by the Indian Oil Corporation Limited, inviting application from candidates for engagement as apprentices at Assam Oil Division, Digboi Refinery, had submitted his application and on his such selection, he was, vide order, dated 28-01-2020, offered engagement as Trade Apprentice Attendant Operator(Chemical Plant). Thereafter, the Indian Oil Corporation Limited had issued an Advertisement, dated 21-09-2021, inviting Page No.# 3/16

applications, amongst others, for 45 vacant posts of Junior Engineering Assistant in different heads.

The petitioner, in pursuance of the said advertisement, had submitted his application for recruitment against the post of Junior Engineering Assistant-IV(Production). The petitioner having come out successful in the selection process, he was issued with the offer of appointment, dated 28- 12-2021. The petitioner, herein, in terms of the said appointment order, joined his services.

It is to be noted that the recruitment of the petitioner, herein, was against a post reserved for the Scheduled Caste Community and the petitioner, in this connection, had relied upon a Certificate, dated 20-06- 2007, wherein, he had been certified to belong to a Scheduled Caste Community, being a member of the "Dhobi Community".

In terms of the stipulations made in the advertisement, dated 21-09- 2021; the Scheduled Caste certificate furnished by the petitioner, herein, was forwarded by the authorities of the Indian Oil Corporation Limited, to the Office of the Sub-Divisional Officer(Civil), Sadiya, for verification. The said certificate came to be, thereafter, forwarded to the Sub-Divisional Schedule Caste Development Board Sadiya, Chapakhowa. The said Board, on verification of the Certificate, had intimated the Additional Deputy Commissioner, in-charge, Sadiya Sub-Division, vide communication, dated 23-05-2022, that the Certificate submitted by the petitioner, herein, was not issued by the Sub-Divisional Schedule Caste Development Board Sadiya, Chapakhowa.

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The said aspect of the matter was informed to the authorities of the Indian Oil Corporation Limited by the Office of the Sub-Divisional Schedule Caste Development Board Sadiya, Chapakhowa, vide communication, dated 25-05-2022, and therein, it was stated that the Chairman, Sub-Divisional Schedule Caste Development Board Sadiya, Chapakhowa, had stated that the certificate was not issued by the said Board and further, it was also highlighted that the said Certificate was also not so issued from the Office of the Sub-Divisional Officer(Civil), Sadiya.

On receiving the said communication, dated 25-05-2022; the authorities of the Indian Oil Corporation Limited, vide communication, dated 15-06-2022, required the petitioner to explain as to why appropriate action as per paragraph 17 of his appointment letter, dated 28-12-2021, shall not be taken against him in view of the fact that the Scheduled Caste Certificate, basing, on which, he was so recruited against the post of Junior Engineering Assistant-IV(Production); was held to be a fake one by the issuing authorities.

The petitioner submitted his explanation, vide communication, dated 24-06-2022, in response to the communication, dated 15-06-2022, and in the said explanation; the petitioner had contended that the Certificate, in question, was procured by one of his near relatives when he was a minor and he had submitted the said certificate during the period of recruitment, bona fidely, believing that the same is a genuine one. The petitioner had, accordingly, prayed for exoneration from the stipulations as contained in clause 17 of his Order of Appointment.

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The authorities of the Indian Oil Corporation Limited, on consideration of the explanation submitted by the petitioner, proceeded vide communication, dated 08-07-2022, to terminate his services on the ground that the said Caste Certificate so submitted by him, was a fake one.

Being aggrieved by the said order of termination, dated 08-07-2022, the petitioner, herein, has instituted the present proceeding.

4. Mr. Khound, learned counsel for the petitioner, has submitted that the said Certificate of the petitioner was so issued to him on 20-06-2007 and at that relevant point of time, he was around 10 years of age. It is further submitted by the learned counsel that the petitioner had no doubt about the genuinity of the said Certificate, inasmuch as, he was living with his maternal uncles and aunts who belonged to the Schedule Caste Community. It was also contended that that the father of the petitioner, herein, was missing since his birth.

5. Mr. Khound, learned counsel, has submitted that the authorities of the Indian Oil Corporation Limited, had proceeded to issue the termination order, dated 08-07-2022, without there being an examination of the caste status of the petitioner by the State Level Scrutiny Committee in terms of the decision of the Hon'ble Supreme Court in the case of Kumari Madhuri Patel v. Additional Commissioner, reported in (1994) 6 SCC 241.

6. Mr. Khound, learned counsel, by referring to the communication, dated 25-05-2022, issued by the Sub-Divisional Officer(Civil), Sadiya, to the authorities of the Indian Oil Corporation Limited, has submitted that the Page No.# 6/16

contention raised, therein, is to the effect that the Certificate so issued to the petitioner, was held to have not been issued from the said Office and/or issued by the Sub-Divisional Schedule Caste Development Board Sadiya, Chapakhowa. The learned counsel has referred to the RTI reply received by the petitioner from the Office of the Sub-Divisional Officer(Civil), Sadiya, in response to an RTI application filed by the petitioner on 11-20-2022 and in the said RTI reply, wherein, it was contended that the Certificate bearing Serial No. 324, dated 20-06-2007, was issued by the Sub-Divisional Schedule Caste Development Board Sadiya, Chapakhowa. However, the same was not found in the Caste Certificate Register of 2007.

7. Mr. Khound, learned counsel for the petitioner, has further submitted that RTI reply furnished to the petitioner, herein, goes on to reflect that the Certificate as produced by the petitioner was, in fact, issued by the Sub- Divisional Schedule Caste Development Board Sadiya, Chapakhowa, and accordingly, the genuineness of the same, is established.

8. Mr. Khound, learned counsel, has submitted that in the event, the respondent authorities have any doubt with regard to the caste status of the petitioner as reflected in the Caste Certificate issued to him on 20-06- 2007; the authorities of the Indian Oil Corporation Limited are required to have the same examined only by the State Level Scrutiny Committee in terms of the decision of the Hon'ble Supreme Court rendered in the case of Kumari Madhuri Patel(supra) and only on such scrutiny, any action was permissible to be carried-out in the matter.

9. Mr. Khound, learned counsel, has further submitted that after the Page No.# 7/16

termination of the service of the petitioner was so effected vide the order, dated 08-07-2022; the petitioner had again applied before the Office of the Deputy Commissioner, Tinsukia District, for being issued with the Caste Certificate. The learned counsel has submitted that the Office of the Deputy Commissioner, Tinsukia District, on 01-08-2022, had issued a Caste Certificate to the petitioner and therein, his Scheduled Caste Certificate status was certified. In the said Certificate, the petitioner, herein, was held to belong to the "Dhubi Community" which was recognized as a Scheduled Caste in the State of Assam in terms of the provisions of the Constitution (Scheduled Castes) Order, 1950.

10. Accordingly, Mr. Khound, learned counsel, has submitted that even if the Certificate, dated 20-06-2007, is held to be a fake one; the caste status of the petitioner as reflected, therein, having also been so certified in the Caste Certificate issued to him on 01-08-2022; there can exists no doubt that the petitioner, herein, belongs to the Scheduled Caste community. Accordingly, the appointment of the petitioner, herein, against the post of Junior Engineering Assistant-IV(Production) as effected vide the order, dated 28-12-2021; would not be called upon to be terminated and accordingly, the order of termination of the service of the petitioner, dated 08-07-2022, would mandate an interference from this Court.

11. Per Contra, Mr. A. Sarma, learned counsel for the respondents No. 2 to 4, has submitted that the petitioner, herein, on his selection against the post of Junior Engineering Assistant-IV(Production), as a Scheduled Caste Candidate, he was issued with the offer of appointment, on 21-12-2021. The terms and conditions as set-out in the offer of appointment, more Page No.# 8/16

particularly, in Clause 17; had provided that the appointment so made was provisional and subject to verification of Caste/Tribe Certificate through proper channels and further, if during such verification, it was revealed that the claim of the candidate to belong to SC/ST/OBC, as the case may be, is found to be false; the service of the appointee would be terminated forthwith without assigning further reasons and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of false certificate.

12. Mr. Sarma, learned counsel, has further submitted that the Advertisement, dated 21-09-2021, in Clause 14 of under the 'Heading:

Selection Methodology', also contained a similar stipulation.

13. Mr. Sarma, learned counsel, has submitted that on the petitioner being offered an appointment on 28-12-2021, the Caste Certificate as furnished by him in the matter was forwarded to the Sub-Divisional Officer(Civil), Sadiya, for verification. The Sub-Divisional Officer(Civil), Sadiya, vide communication, dated 27-04-2022, had placed the said Certificate before the Chairman, Sub-Divisional Schedule Caste Development Board Sadiya, Chapakhowa, for verification. On verification of the Caste Certificate submitted by the petitioner, the said Board had vide communication, dated 23-05-2022, informed the Sub-Divisional Officer(Civil), Sadiya, that the said Certificate was not issued by the Sub- Divisional Schedule Caste Development Board Sadiya, Chapakhowa. The said aspect of the matter on being intimated to the authorities of the Indian Oil Corporation Limited by the Sub-Divisional Officer(Civil), Sadiya, vide communication, dated 25-05-2022 and the Caste Certificate of the Page No.# 9/16

petitioner having been revealed therefrom, to be a fake; the authorities of the Corporation had issued a communication, dated 15-06-2022, to the petitioner, requiring him to submit his explanation in the matter. The petitioner, on 24-06-2022, had submitted his explanation and therein, he had contended that the on the date i.e. on 26-07-2022, the certificate, in question, was issued to him; he was around 10 years of age and he was under the bona fide belief that the said certificate was a genuine one.

14. Accordingly, Mr. Sarma, learned counsel, has further submitted that the Caste Certificate submitted by the petitioner having been revealed to be a fake one; the competent authority of the Indian Oil Corporation Limited, on invoking the provisions of Clause 17 of the order of appointment of the petitioner; proceeded to terminate his service with immediate effect, that is, with effect from the date of issuance of the said order, dated 08-07-2022.

15. Mr. Sarma, learned counsel, has further submitted that the petitioner, admittedly, not possessing a genuine Caste Certificate issued by the competent authority on the last date so mentioned in the Advertisement, in question; the cancellation of the termination of the service of the petitioner after a due process of verification of the said Caste Certificate, would not mandate an interference by this Court.

16. Mr. Sarma, learned counsel, has submitted that in the present case, the question that arises is with regard to the genuinity of the Caste Certificate produced by the petitioner and not about the Caste status of the petitioner. Accordingly, the learned counsel has submitted that the decision Page No.# 10/16

of the Hon'ble Supreme Court rendered in the case of Kumari Madhuri Patel(supra); would have got no application in the facts emanating in the present proceeding.

17. With regard to the contention of the learned counsel for the petitioner that the petitioner after his service being terminated, had received a Caste Certificate from the competent authority on 01-08-2022, Mr. Sarma, learned counsel, has submitted that the same is also presently under verification by the authorities competent to issue the said Certificate. Accordingly, the learned counsel has submitted that the Caste Certificate furnished by the petitioner, admittedly, being a fake one; the termination of the appointment offered to the petitioner which was also provisional subject to verification of the Caste Certificate submitted by him, would not mandate any interference from this Court.

18. Ms. U. Sharma, learned Government Advocate, Assam, appearing for the State respondents, has submitted that concerned authorities of the State, competent to issue the Caste Certificate to the reserved community candidates, on verification of the Caste Certificate produced by the petitioner, had found that the same was not issued, either, by the Sub- Divisional Schedule Caste Development Board Sadiya, Chapakhowa, nor, the same was issued from the Office of the Sub-Divisional Officer(Civil), Sadiya. The learned Government Advocate, Assam, has further submitted that the said Caste Certificate furnished by the petitioner, not having been issued by the competent authority; the same has to be deemed to be a fake one and any benefit which was conferred upon the petitioner basing on the said Certificate, would naturally be rendered null and void and Page No.# 11/16

accordingly, she has submitted that the appointment of the petitioner being secured on the basis of a fake Scheduled Caste Certificate, the cancellation thereof, after verification of the authenticity of the said Certificate, would not mandate an interference from this Court.

19. Ms. Sharma, learned Government Advocate, Assam,, has further submitted that the appointment effected in case of the petitioner, herein, basing on a fake Certificate, had the effect of denying a genuine candidate belonging to the Scheduled Caste community from being considered for the appointment, in question.

20. I have heard the learned counsels appearing for the parties and also perused the materials available on record.

21. In the advertisement, dated 21-09-2021, issued by the authorities of the Indian Oil Corporation Limited, inviting application, amongst others, for the vacant posts of Junior Engineering Assistant-IV(Production), in clause 14 under the 'Heading : Selection Methodology', had incorporated the following stipulation:

"Selection Methodology:

14. The candidature of the applicant would be provisional and subject to subsequent verification of certificates/ testimonials, experience etc. At any stage of the selection process, if it is found that the candidate has furnished false or incorrect information, the candidature/appointment of the candidate will be cancelled."

22. The petitioner, herein, on his selection for appointment against the post of Junior Engineering Assistant-IV(Production), against the vacancies reserved for the Scheduled Caste community candidates, he was offered an appointment vide communication, dated 28-12-2021. The terms and Page No.# 12/16

condition incorporated in the said offer of appointment issued to the petitioner, more particularly, in the provisions of clause 17 thereof, it was provided that the appointment offered, is provisional and subject to verification of the caste/tribe certificate through proper channels and further that, if, on such verification; it is revealed that the claim made of, being a SC/ST/OBC, as the case may be, is found to be false; the service of the person concerned would be terminated forthwith without assigning any further reason and without prejudice to such further action as may be taken under the provisions of the Indian Penal Code for production of a false certificate.

23. The respondent authorities after offer of appointment to the petitioner, herein, had forwarded his Caste Certificate to the office of the Sub-Divisional Officer(Civil), Sadiya, for verification. In turn, the said Certificate was forwarded by the Sub-Divisional Officer(Civil), Sadiya, to the Chairman, Sub-Divisional Schedule Caste Development Board Sadiya, Chapakhowa. The Chairman of the Sub-Divisional Schedule Caste Development Board Sadiya, Chapakhowa, on verification of the said Certificate, having found the same to have not been issued by the said Board; intimated the said aspect of the matter to the Sub-Divisional Officer (Civil), Sadiya, vide communication, dated 23-05-2022. The Sub-Divisional Officer(Civil), Sadiya, on verification being made about the said Certificate from the records as maintained in his Office and having found that there was no record of the said certificate being issued in the Register maintained in the Office and/or being issued from the Office concerned, had vide communication, dated 25-05-2022, intimated the matter to the authorities of the respondent Corporation and therein, had also highlighted that the Chairman of Sub-Divisional Schedule Caste Development Board Sadiya, Page No.# 13/16

Chapakhowa, had, also on verification, stated that the said Certificate was not issued by the said Board.

24. The respondent Indian Oil Corporation Limited, on receipt of the verification report about the Caste Certificate submitted furnished by the petitioner from the authorities concerned and the same having been revealed to be a fake one; proceeded to require the petitioner to submit his explanation on the matter vide communication, dated 15-06-2022. As noticed hereinabove, the petitioner had submitted his explanation, and therein, had taken a ground that the said Certificate was so issued to him when he was a minor being aged about 10 years.

25. The respondent Corporation, thereafter, by invoking the provisions of Clause 17 of the offer of appointment, dated 28-12-2021, on the basis of the said Caste Certificate being demonstrated to be a fake one; proceeded to terminate the services of the petitioner, herein. The materials brought on record, in the present proceeding, having categorically demonstrated that the Caste Certificate, dated 20-06-2007, furnished by the petitioner for securing the appointment as offered to him vide the communication, dated 28-12-2021, to be a fake; the said appointment so secured by the petitioner, would mandate cancellation, in-as-much as, it was stipulated in the said advertisement that the offer of appointment for the post of Junior Engineering Assistant-IV(Production), was provisional subject to the verification of the authenticity of the Caste Certificate produced by the petitioner. The Caste Certificate submitted furnished by the petitioner, herein, having been demonstrated in the process of verification undertaken in the matter, to be a fake one; the caste status of the petitioner reflected Page No.# 14/16

therein, would not mandate a scrutiny.

26. Accordingly, this Court is of the considered view that the decision of the Hon'ble Supreme Court rendered in the case of Kumari Madhuri Patel(supra), would have no application to the facts of the present case.

27. Mr. Khound, learned counsel for the petitioner, during the course of his argument, has submitted that the petitioner was not given a due opportunity to place his case before issuance of the order of termination of his service so effected vide the communication, dated 08.07.2022. The materials brought on record, reveals that the order of termination, dated 08-07-2022, was preceded by a Notice requiring the petitioner to explain with regard to the verification report received in the matter which had demonstrated that the Caste Certificate submitted by him, was a fake one and he had duly submitted his explanation thereto and in the said explanation, the petitioner had not brought on record any material to demonstrate that the Caste Certificate furnished by him, was a genuine one. Accordingly, the said contention of the learned counsel for the petitioner, would not mandate any acceptance by this Court.

28. The Sub-Divisional Schedule Caste Development Board Sadiya, Chapakhowa, as well as the Sub-Divisional Officer(Civil), Sadiya, having categorically basing on the records maintained in their respective establishments, certified that the Caste Certificate as furnished by the petitioner, herein, to have not been issued from their respective establishments; he cannot be permitted to take benefit of such fake certificate.

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29. Accordingly, the benefits accruing to the petitioner, herein, basing on such fake certificate; cannot be permitted to be continued. The petitioner, admittedly, on the last date of submission of application in pursuance of the advertisement, dated 21-09-2021, not possessing a genuine Caste Certificate, he would not be entitled to be continued in his services.

30. The reliance placed by the petitioner on a Caste Certificate issued on 01-08-2022 by the Office of the Deputy Commissioner, Tinsukia District, which was so issued to him after the termination of his service was so effected vide order, dated 08.07.2022, is also presently under scrutiny of the respondent authorities. The Caste Certificate, dated 01-08-2022, may have been issued by the authority competent to issue the same, however, the same having been so issued after the last date prescribed in the advertisement dated 21-09-2021; the same cannot be relied upon by the petitioner for continuing with the appointment effected in his case basing on a Caste Certificate which has been demonstrated to be a fake one.

31. As to the genuineness of the Caste Certificate subsequently issued to the petitioner on 01-08-2022, this Court is not required, in the facts and circumstances of the present case, to examine the said aspect of the matter and the same would be left to the discretion of the respondent authorities. However, the certificate, dated 01-08-2022; in the considered view of this Court, cannot be considered for establishing the caste status of the petitioner in connection with the recruitment process initiated in the matter in pursuance of the advertisement dated 21-09-2021.

32. In view of the above conclusions drawn by this Court in the matter Page No.# 16/16

and the fact that the Caste Certificate of the petitioner, has been demonstrated to be a fake one; this Court is not persuaded by the submissions of the learned counsel for the petitioner, to interfere with the termination of the service of the petitioner as effected vide the communication, dated 08-07-2022, by the authorities of the Indian Oil Corporation Limited.

33. Accordingly, the present writ petition is held to be devoid of any merit and consequently, the same stands dismissed. However, there shall be no order as to costs.

JUDGE

Comparing Assistant