Munmun Kaur
Published On: February 11, 2022 at 16:15 IST
Recently, the High Court of Madhya Pradesh reprimanded the Jabalpur Bench of Central Administrative Tribunal (CAT) for venturing into foreign territory and rendering a finding on the caste status of the Petitioner as the same was beyond its jurisdiction.
A Division Bench of Justice Sheel Nagu and Justice Sunita Yadav were dealing with a Writ Petition challenging two Orders passed by the Jabalpur Bench of Central Administrative Tribunal (CAT) dismissing Petitioner’s Application of merits and on the grounds of limitation.
The facts of the Case were, the Petitioner’s candidature for appointment in Scheduled caste category to the post of Electrical Signal Maintainer Grade-III (Category No.27) was canceled on the ground that caste certificate furnished by him was not in prescribed proforma and that he, in fact, belongs to OBC category.
He approached the Allahabad Bench of CAT which was dismissed for want of jurisdiction and on merits. An Appeal before the Allahabad High Court was dismissed on the question of territorial jurisdiction. Then, a fresh Application was filed by the Petitioner before the Jabalpur Bench of CAT which was also dismissed on the question of territorial jurisdiction.
On Approaching the Apex Court, findings of the Jabalpur Bench of CAT and Allahabad High Court were quashed with a direction to revive the original Application. The Tribunal dismissed the Application moved by the Petitioner and his subsequent Review Application against the same Order of dismissal.
The Case of the Petitioner was that while passing the impugned Orders, the Tribunal failed to consider that his candidature was canceled exclusively on two grounds i.e., his caste certificate was not submitted in the prescribed format and that he actually belonged to OBC and not SC category.
After hearing the submissions of both the parties, the High Court decided to remand the matter to the Tribunal for reconsideration on merits. The decision was based on the following reasons- that the Tribunal failed to consider the applicability of the decision of the Supreme Court in Ram Kumar Gijroya case wherein it was held that the credentials regarding the status of caste can very well be furnished even after elapse of the last date for submission of application forms.
The Tribunal should have considered the grounds for rejection of the candidature of Petitioner was non-submission of the caste certificate in the prescribed proforma. If that alone was the reason, the employer ought to have afforded an opportunity to submit the caste certificate in the prescribed proforma.
Another reason given was that the employer and Tribunal erred in holding that the Petitioner is an OBC candidate and not SC candidate, thereby trespassing into the foreign territory of deciding the caste status of the Petitioner, which is exclusively reserved for competent authority or the High Powered Committee constituted pursuant to the decision of the Supreme Court in Madhuri Patil case.
The High Court concluded that since Tribunal has failed to adjudicate the cause raised by Petitioner in accordance with the Law, the matter was remanded for adjudication. Further, a direction was given to the Tribunal to consider and decide the claim of Petitioner on merits as expeditiously as possible.