ARSHAD JAMILversusSTATE OF UTIARAKHAND & ORS.

                        [2011] 12 S.C.R. 414


A                         ARSHAD JAMIL
                                 v.
                STATE OF UTIARAKHAND & ORS.
                  (Civil Appeal No. 7721 of 2011)
                        SEPTEMBER 7, 2011
B
      [DR. MUKUNDAKAM SHARMA AND ANIL R. DAVE,
                        JJ.]

          Service law - Termination of service - Post of civil judge
C   reserved under category of Other Backward Classes for
    residents of State of Uttrakhand - Selection of appellant on
    basis of caste certificate issued by Tehsildar, Roorkee -
    Cancellation of caste certificate by Tehsildar since the
    appellant obtained the caste certificate by showing himself a
D   resident of Roorkee in a mischievous manner, while he was
    actually a permanent resident of Muzaffarnagar- Writ petition
    by the appellant - Order of Tehsi.'dar canceling the caste
    certificate, quashed by the High Court on the ground of
    violation of principles of natural justice - Pursuant thereto
E   appellant given opportunity, on basis thereof he filed replies
    and by order dated 1.9.2005, the Tehsildar cancelled the
    caste certificate - Thereafter, termination of services of the
    appellant - Writ petition challenging the termination order -
    Direction by the High Court to re-instate the appellant but
F   denial of payment of any salary or allowances for the period
    he did not actually work - Another writ petition filed
    challenging the order dated 1.9.2005 canceling the caste
    certificate which was dismissed - On appeal, held: There was
    sufficient documentary evidence on record to prove that the
G   appellant was ordinarily resident of Muzzaffaragar, U.P. - His
    name was included in the electoral roll of Muzaffamagar in
    the year 1993 - Despite his claim that he was residing in
    Roorkee, there is no documentary evidence except for
    municipal record issued in 2003 showing him as tenant in

H                                414
  ARSHAD JAMIL v. STATE OF UTTARAKHAND &                 415
                    ORS.
Roorkee - There is no contemporaneous document prior to          A
the issuance of caste certificate showing and justifying his
claim that he was ordinarily a resident of Roorkee - Tehsildar
cancelled the caste certificate by a detailed order giving
cogent and valid reasons thereof - Thus, there is no infirmity
in the order of the High Court upholding the order of tbe        B
Tehsildar canceling the caste certificate of the appellant -
Termination order of the appellant is upheld - Social status
certificate.

     The Uttrakhand Public Service Commission issued C
an advertisement inviting applications for recruitment to
the post of Civil Judge whereby only residents of the
State of Uttrakhand were entitled to the benefit of
reservation under the category of Other Backward
Classes. (OBCs). The said candidates had to produce a
caste certificate in terms of the format attached thereto D
certifying as to ordinarily res.ident of the State. The
appellant obtained a caste certificate, issued by the
Tehsildar, Roorkee. Th~ appellant was selected for the
post of Civil Judge against a reserved category post
meant for (OBCs). Thereafter, on basis of a complaint that E
the appellant is a permanent resident of Muzaffarnagar,
detailed inquiry was carried out. It was found 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 F
Muzaffarnagar. The Tehsildar, Roorkee cancelled the
caste certificate issued to the appellant by the order
dated 02.03.2005. The appellant filed a writ petition
challenging the legality and the validity of the order. The
High Court quashed the said order on the ground of G
violation of principles of natural justice, with liberty to the
Tehsildar to issue notice to the appellant and to give
reasonable opportunity to file his objections against the
proposal to cancel the caste certificate. Subsequent
thereto, the appellant was given an opportunity and he H
    416      SUPREME COURT REPORTS           [2011] 12 S.C.R.


A filed replies. The Tehsildar, Roorkee by order dated
  1.9.2005 canceled the caste certificate issued to the
  appellant. Meanwhile, the appellant filed a writ petition
  before the High Court challenging the order terminating
  his service and the same was allowed directing the
B reinstatement of the appellant with continuity of service
  without any break, but without any salary or allowances
  for the period for which he had not actually worked. The
  writ petition challenging the order dated 1.9.2005
  canceling the caste certificate was dismissed holding that
c the appellant cannot get the benefit of being OBC status
  in the State of Uttrakhand as he is a permanent resident
  of Muzaffarnagar, UP; and that he obtained a false
  certificate of being resident of Roorkee, Uttrakhand.
  Therefore, the instant cross-appeals were filed.
D       Allowing the appeal filed by the State and dismissing
    the appeals filed by the Civil Judge, the Court

       HELD: 1.1 Although, the power and the jurisdiction
  of this Court in the matter of re-appreciation of evidence
E is restricted and also keeping in mind the well-settled
  principles that the scope of judicial review of
  administrative action is very restricted and limited and,
  therefore, the Court shou1d be slow in interfering with the
  finding of facts arrived at by the High Court. [Para 31]
F [430-G-H]
          1.2 On considering the evidence on record and the
  documents, it is found that the appellant received his
  education in Muzaffarnagar except for a period when he
  studied in Mysore. He also obtained his Law Degree from
G Muzaffarnagar Law College. During the said period he
  was a resident of Muzaffarnagar which is established
  from the records available. The appellant thereafter
  obtained his graduation from the Law College at
  Muzaffarnagar, and got himself enrolled with the Bar
H
  ARSHAD JAMIL v. STATE OF UTTARAKHAND &              417
                    ORS.
Council of Uttar Pradesh, Allahabad. He submitted his A
application on 01.12.1999 and he received the enrolment
on 09.03.2000 in which also his address was shown as
225, Khalapur, District-Muzaffarnagar, U.P. His name as
well as the names of his family members were included
in the ration card which has been made in District- B
Muzaffarnagar. The said ration card however, came to be
cancelled by the supply office in the year 2001, during
card verification scheme for want of a photograph.
Despite his claim that he was residing in Roorkee, there
is no documentary evidence to prove the said fact except c
for a document which was placed on record, being
municipal record, but issued in the year 2003 showing
him as a tenant of 'FA' in Mohalla Shekhpuri for the period
from 1998 to 2003. But if he was staying in Roorkee from
the year 1998, there was no reason why other
                                                             0
documentary evidence is not available in support of his
contention that he was ordinarily a resident of Roorkee.
His name came to be recorded in the electoral roll of
Roorkee in the District-Haridwar only 'in the year 2003.
The records show that the name of the appellant was
included in the electoral roll of Muzaffarnagar in the year E
1993 on the basis of door to door survey made by the
election commissioner. Since he was found residing in
Muzaffarnagar, his name was included in the voters list
of Muzaffarnagar constituency. His name finds place in
the electoral roll of Muzaffarnagar constituency for the F
year 1993, 1995, 1998 and 2003. The voter identity card
of the appellant was also issued to him from the
Muzaffarnagar Assembly constituency showing him to be
a resident of House No. 225, Mohalla-Khalapur, District-
Muzaffarnagar, U.P. The name of the appellant in the said G
voter list continued to be there till his father·.informed
them in the year 2006 that his son is now residing in
Roorkee and, therefore, his name is to be deleted from
the voters list. The appellant submitted his application for
being appointed for the post of Civil Judge (Junior H
    418    SUPREME COURT REPORTS               [2011] 12 S.C.R.


A Division] alongwith the cast certificate issued to him on
    29.6.2002. There is no contemporaneous document prior
    to the same showing and justifying his claim that he was
    ordinarily a resident of Roorkee. [Para 32] [431-B-H; 432-
    A-C]
B       1.3 Section 21 of the Representation of Peoples Act,
   1950 lays down the procedure and method for the
   preparation and revision of electoral rolls in a
   constituency. Rule 7 of the Registration of Electors Rules,
   1960 prove and establish that an electoral roll is prepared
C on the basis of enumeration done by the election staff
   after making a door to door verification and on the basis
   of the information disclosed by the family members and
   the house they visit. On the said disclosures made, the
   name of the appellant was included in the voters list of
D Muzaffarnagar upto 2003 and therefore, it cannot be said
   that he was not only ordinarily resident of Muzaffarnagar
   but a permanent resident thereof. In view of such
 .-authentic and sufficient documentary_evidence on record
   to reject the claim of the appellant that he was an
E ordinarily resident of Roorkee, the findings recorded by
   the Tehsildar, Roorkee in his order dated 02.03.2005 and
   also those recorded by the High Court cannot be sought
   to be in any manner arbitrary, illegal or irrational .. [Paras
   33 and 34) [432-D-G]
F
        Action Committee on Issue of Caste Certificate to SC
    and ST in theState of Maharashtra and Anr. v. Union of India
    and Anr. (1994) 5 sec 244.:.. referred to.

       1.4 The order which is passed by the Tehsildar
G whereby he had finally cancelled the caste certificate of
  the appellant, was a detailed order giving cogent reasons
  for the decision rendered. The said order cannot be
  termed as an order passed by him at anybody's behest
  or at the dictation of his superior officer. The said order
                 •
   ARSHAD JAMIL v. STATE OF UTTARAKHAND &               419
                     ORS.
was passed independently exercising his own                    A
independent mind and upon detailed examination of the
records. Therefore, it cannot be said that the same was
passed at the dictation of the higher authority or that the
same was passed for. extraneous consideration is
baseless and without any merit. [Para 36) [433-F-H]            B

      1.5 The appellant failed to prove and establish that
.he is an ordinary resident of Roorkee in the year 2002
 when he made an application for his appointment to the
 post of Civil Judge [Junior Division] and also when he        C
 applied for and obtained the caste certificate. The caste
 certificate was initially issued to him without making a
 proper and detailed inquiry, and the Tehsildar proceeded
 on the basis of certain observation of two persons. A
 caste certificate is a very important and substantial
 document and, therefore, while granting the same a            D
 proper inquiry is required to be made by the Tehsildar
 which appears to have been not done in the instant case,
 and the Tehsildar- issued the said caste certificate to the
 appellant in a perfunctory manner and therefore, the
 same was cancelled by a detailed order giving cogent and      E
 valid reasons thereof. [Para 37] [434-A-C]

    1.6 There is no infirmity in the judgment and order
passed by the High Court, upholding the order of the
Tehsildar canceling the caste certificate of the appellant.    F
The order passed by the High Court setting aside the
termination order of the appellant is set aside. [Paras 38
and 39) [434-D-F]
                     Case Law Reference:
                                                               G
     (1994) s sec 244        Referred to          Para 35
     CIVIL APPELLATE JURISDICTION : Civil Appeal No ..
7721 of 2011.

     From the Judgment & Order dated 13.08.2008 of the High    H
                                               4
    420      SUPREME COURT REPORTS                 [2011) 12 S.C.R.


A Court of Uttarakhand at Nainital in Writ Petition No. 408 of 2006
  (S/B).
                                  WITH
    C.A. Nos. 7722 & 7723 of 2011.
B       L. Nageshwar Rao, N.P.S. Panwar, D.P. Chaturvedi,
    Rachana Srivastava, Ranchi Daga, Krutin Joshi, Abhinav Rao,
    Anuvrat Sharma, S.S. Shamshery, Jatinder Kumar Bhatia, D.
    Bharathi Reddy for the appearing parties.

c         The Judgment of the Court was delivered by

          DR. MUKUNDAKAM SHARMA, J. 1. Leave Granted.
       2. By this Judgment and Order, we propose to dispose of
  three appeals, arising out of SLP (C) No. 25203 of 2008 filed
D by the appellant herein against the order dated 13.8.2008, SLP
  (C) No. 8617 of 2006 filed by the State of Uttaranchal against
  the Judgment and Order dated 23.12.2005 and finally SLP (C)
  No. 9209 of 200_6 filed by the appellant against the Judgll)ent
  and Order dated 23.12.2005 passed by the High Court of
E Uttaranchal at Nainital.

        3. 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
F filed by the appellant, praying for quashing the order passed
  by the respondent, cancelling the caste certificate issued to the
  appellant.
       4. SLP (C) No. 8617 of 2006 was filed by the State of
  Uttaranchal against the Judgment and Order dated 23.12.2005,
G whereby the High Court issued a direction for reinstatement of
  the Arshad Jamil, whose service was terminated by an order
  dated 18.12.2004.

          5. SLP (C) No. 9209 of 2006 was filed by the appellant
.'-I herein, challenging the Judgment and Order dated 23.12.2005,
   ARSHAD JAMIL v. STATE OF UTTARAKHAND &                   421
      ORS. [DR. MUKUNDAKAM SHARMA, J.]
to the extent it denies the appellant payment of any salary or     A
allowances for the period for which he had not actually worked.

      6. Since the subject matters involved in these appeals are
inter-connected and similar, all these appeals are being taken
up for consideration together, and therefore, a common
                                                                   B
Judgment and Order is being passed.

      7. The Uttrakhand Public Service Commission issued an
advertisement in the year 2002 inviting applications for
recruitment to the post of Civil Judge [Junior Division). In the
said advertisement, it was clearly mentioned that only residents C
of the State of Uttrakhand would be entitled to the benefit of
reservation under the category of Other Backward Classes. 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 D
applicant. 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". The said certificate was dated 29.06.2002.
                                                                   E
      8. A Memorandum was issued by the Government of
Uttrakhand prescribing the format of the caste certificate which
an applicant was required to submit in case he was seeking
an appointment in the reserved category i.e. SC/ST/OBC. The
appellant herein submitted his application offering his
                                                                   F
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 appellant was         G
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.
                                                                   H
    422      SUPREME COURT REPORTS               [2011) 12 S.C.R.


A      9. The appellant was appointed as Civil Judge [Junior
  Division] on probation for a period of two years. The aforesaid
  appointment letter was issued, subject to the condition that the
  character, verification and report of the health examination of
  the concerned candidate should be satisfactory for judicial
B service. 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.

       10. The District Magistrate, Haridwar received a letter
  issued by the Secretary, Public Service Commission,
C Uttaranchal, Haridwar informing him that a complaint had been
  received by the Commission against the appellant herein,
  wherein it was complained that Arshad Jamil is a permanent
  resident of House No. 156, Janshath House, Ansari Road,
  District - Muzaffarnagar, and that his name appeared at SI No.
D 862 of part No. 141 of Electoral List of constituency No. 408
  of Muzaffarnagar Legislative Assembly and that he is a
  Member of the Muzaffarnagar Bar Association. By the
  aforesaid letter sent on 15.09.2C03; the District Magistrate was
  requested to inform the Commission on priority basis about the
E validity of the caste certificate of OBC issued to the appellant
  on 29.06.2002 so that the Commission could take a decision
  on the aforesaid complaint.

          11. Pursuant to the aforesaid letter, an inquiry was
F conducted and the Tehsildar Roorkee submitted a report dated
  09.07.2003, confirming 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 comes in the list of other backward class in
G Uttaranchal. In the said report, it was also stated that it is
  possible, that prior to his stay in Roorkee he was staying in
  Muzaffarnagar. In the said report, it was also stated that Arshad
  Jamil was residing in Roorkee for about 12 years since his
  name appeared in the Municipality records as tenant. It was
  also stated that he was residing in Roorkee from 3.6.1998 to
H
   ARSHAD JAMIL v. STATE OF UTTARAKHAND & 423
      ORS. [DR. MUKUNDAKAM SHARMA, J.]

2003 as a resident of Old House No. 24 and New Number 7,              A
Sheikhpuri, Roorkee, Haridwar. It appears that a police report
was also submitted on 8.12.2003, that the appellant has been
residing at Roorkee since 1991.                    ·

     12. A letter was sent by the District Magistrate•dated           B
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 not with
him. A show cause notice was issued to the appellant by the
Chief Secretary, Government of Uttaranchal. Under his letter          C
dated 13.5.2004, it was alleged that one Shri Abdul Kareem
had submitted a complaint 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 collusion. with the Tehsildar of Roorkee. In the said letter, it   D
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
Muzaffarnagar, Uttar Pradesh but he had produced a certificate
of Other Backward Classes showing himself to be a permanent           E
resident of Uttaranchal and therefore, was not entitled to get
the benefit of OBC Caste in Uttarakhand, as he is a permanent
resident of Uttar Pradesh. He was, therefore, asked to show
cause as to why his appointment in the judicial service should
not be cancelled for the aforesaid reason.                            F

     13. The appellant submitted his reply as against the
aforesaid show cause notice on 20.7.2004. The contents of the
aforesaid reply were considered but even thereafter another
show cause notice appears to have been issued to the                  G
appellant on 18th September, 2004. The contents of the show
cause notices and replies filed were considered by the State
Government. On scrutiny thereof, it was found by the
Government that the appellant was born in District
Muzaffarnagar, UP and that he had also completed his
education there. A Ration Card had been made in his name              H
    424      SUPREME COURT REPORTS                   [2011] 12 S.C.R.


A and in the names of his family members in District
  Muzaffarnagar and he completed his law course being a student
  from Muzaffarnagar. He also got himself enrolled in the
  Muzaffarnagar Bar Association. His name was also entered in
  the electoral roll of Muzaffarnagar up to 2007, when his name
B came to be deleted from the voters list after his father informed
  the concerned authorities that the name of the appellant is to
  be deleted from the voters list as he is now residing in Roorkee.

        14. Considering the aforesaid facts, it was held that the
C defense taken in the replies by the appellant was baseless and
  that since he was neither a permanent resident of the State of
  Uttaranchal nor 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.
D
        15. Another order came to be issued on 2.3.2005, whereby
  the Tehsildar Roorkee, who was the competent authority,
  cancelled Jhe caste certificate issued to the appellant on
  29.6.2002 on the ground that after a detailed inquiry it was
E revealeq 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.
F       16. The appellant filed a writ petition challenging the legality
  and the validity of the order dated 02.03.2005. The said writ
  petition was registered as Writ Petition (Civil) No. 448 of 2005.
  The aforesaid writ petition, filed by the appellant, was allowed
  by the Uttrakhand High Court by its order dated 6.5.2005,
G 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 notice to the appellant and to give reasonable
  opportunity to file his objections against the proposal to cancel
  the caste certificate.
H
  ARSHAD JAMIL v. STATE OF UTTARAKHAND &                     425
     ORS. [DR. MUKUNDAKAM SHARMA, J.]
     17. Consequently, a show cause notice was issued to the        A
appellant by the Tehsildar on 6.6.2005, calling upon him to
show cause as to why the caste certificate issued to him on
29.6.2002 should not be cancelled, for the reasons stated in
the said notice. The appellant submitted his reply to the
aforesaid show cause notice. Thereafter, a second show cause        B
notice dated 11.8.2005, in continuation of the notice dated
6.6.2005, was issued to Shri Arshad Jamil. 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. 7, Opposite Dev             c
Nursing Home, Roorkee.

      18. Despite the aforesaid letter, he did not appear and
therefore, .a notice was pasted at the address intimating him
to be present to examine and peruse the relevant documents.
As the appellant did not appear to examine the said                 D
documents, the Tehsildar, Roorkee proceeded to pass an order
dated 1.9.2005. 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 Mahalia Khalapar,                E
Muzaffarnagar, which is established by the fact that his name
is mentioned as against House No. 225 of Serial No. 147 of
Part No. 42 of 408 Muzaffarnagar Vidhan Sabha Kshetra
Electoral Roll, 1995. From the. Electoral Rolls of 2003, it was
also found that a photo identity card of Arshad Jamil was           F
prepared by the Election Commission of India for Electoral Roll
of Muzaffarnagar Vidhan Sabha, wherein his name appeared
until it was deleted in 2007 on the basis of information supplied
by his father on 27.08.06. His father informed them that his son
was now staying at Roorkee.                                         G

   · 19. The other documents filed by the appellant were also
considered, by which it was deduced that the objector had
obtained the caste certificate in question by fraud. In that view
of the matter the Tehsildar, Roorkee held that such caste
certificate should not have been issued to the appellant and . H
        426     SUPREME COURT REPORTS                 [2011] 12 S.C.R.

    A   therefore, passed an order that the caste certificate dated
        29.6.2002 be cancelled by issuing his order dated 1.9.2005.

            20. Meanwhile, the appellant filed writ petition No. 413 of
        2005 challenging the order dated 18.12.2004, terminating his
I
.
    8
      service. He also filed another writ petition being writ petition
      no. 408 of 2006 challenging the order of cancellation of his
      caste certificate. The High Court considered the writ petition
      no. 413 of 2005 filed by the appellant, which was allowed by
      the High Court by order dated 23.12.2005. By the·said order,
      the High Court directed the reinstatement of the appellant with
    C continuity of service without any break, but ordered that the said
      reinstatement would be without any salary or allowances for the
      period for which he had not actually worked.

           21. The writ petition No. 408 of 2006 was taken up for final
    D hearing by the High Court and by Judgment and Order dated
      13.8.2008 the writ petition was dismissed holding that the
      appellant cannot get the benefit of being OBC status in the
      State of Uttrakhand as he is a permanent resident of
      Muzaffarnagar, UP and also that he obtained a false certificate
    E of being resident of Roorkee, District Haridwar, Uttrakhand.

           22. As against the aforesaid, the two orders passed by
      the High Court, three Special Leave Petitions as aforestated
      came to be filed in this Court in which notices were issued. The
      same were listed before us for hearing and we heard the
    F learned counsel appearing for the parties on the said Special
      Leave Petitions and by this common Judgment and Order we
      are disposing of all these Special Leave Petitions, after
      granting leave therein and by giving our reasons.

    G      23. Counsel appearing for the appellant-Arshad Jamil
      forcefully argued that the respondent-State did not have any
      jurisdiction to review the order granting caste certificate in
      favour of the appellant. According to him, after the grant of the
      aforesaid caste certificate dated 29.6.2002, the matter was
    H once reviewed by the Tehsildar, Roorkee and in the fresh inquiry
    ARSHAD JAMIL v. STATE OF UTTARAKHAND &                     427
       ORS. [DR. MUKUNDAKAM SHARMA, J.]

  also it was found and revealed that the appellant was ordinarily A
1 a resident of Uttarakhand and that he belongs to Other
  Backward Classes and therefore no further review was called
, for and permissible. According to him, the police also made a
' verification wherein it was also established that he has been
  residing in Roorkee for a very long time and, therefore, an B
  ordinary resident of Roorkee. He therefore submitted tha~ the
  subsequent review made by the Tehsildarregarding the caste
  verification was without jurisdiction. Counsel also submitted
  before us that there has been enough cogent evidence on
  record to justify and prove that the appellant has been in c
  Roorkee at least from the year 1998, which fact is proved from .
  the municipal records itself, and the police verification report
  also having stated that he has been in Roorkee for about 12
  years, the order of cancellation of the caste certificate is illegal
  and without jurisdiction. He submitted that the expression D
  "ordinarily resident" does not bar simultaneous residence at
  some other place also, for a person could be at two places at
  the same time. He also submitted that the order of cancellation
  of his caste certificate came to be passed on the basis of the
  dictation of the District Magistrate, which is apparent on the
                                                                       E
  face of the records and, therefore, such an order which is
  passed at the behest and dictation of a higher authority is illegal
  and irrational. According to the counsel, there is enough
  evidence on record like lawyers' identity card issued by
  Uttarakhand HC Bar Association, entry of his name in the
  electoral roll of Roorkee in the year 2003, the Hibanama and F
  also the certificate of the landlord showing him as a resident
  of Roorkee and the municipal records indicating the residence
  at Roorkee from 1998 to 2003 which, when collectively read,
  would support the contention that the appellant is ordinarily
  resident of Roorkee and, therefore, entitled to get a caste G
  certificate of the nature which was issued to him and, therefore,
  cancellation of the same by the authority was illegal and is liable
  to be set aside.

     24. Counsel appearing for the respondent however, while          H
    428      SUPREME COURT REPORTS                  [2011] 12 S.C.R.


A rebutting the aforesaid contentions, submitted ttiat the
  documents on record clearly indicate that the appellant has
  been a resident of Muzaffarnagar, UP at least upto 2002 and
  thereafter, in order to make himself eligible to apply for a
  reserved post, he created documents to indicate that he is an
B ordinary resident of Roorkee. He has also drawn our attention
  to the various documents on record, including the document
  which he had submitted to the Bar Council of India applying for
  enrolment and the certificate given by the Bar Council, showing
  his residence to be at Muzaffarnagar. It was also submitted by
c him that the High Court was justified in upholding the
  administrative action taken by the respondent State, as judicial
  review of such administrative action should and could be
  exercised only in a very limited sphere. He submitted that the
  aforesaid order.of cancellation of the caste certificate was done
  after an order was passed by the High Court directing.for giving
0
  a hearing to the appe!Jant and that upon giving such reasonable
  opportunity to the appellant, his cast~ certificate was finally
  cancelled.

      25. In the light of the aforesaid submissions of the counsel
E appearing for the parties, we have perused the records and
  also perused the decisions relied upon by the counsel
  appearing for the parties.

       26. Undisputedly, and as agreed to by the counsel
F appearing for the parties during the course of hearing of
  arguments, if the order passed by the High Court upholding the
  cancellation of a caste certificate is confirmed by this Court, in
  that event it would not be necessary to go into the other aspect
  regarding the issue of legality or otherwise of the order of
G termination as also the order regarding payment of back wages
  to the appellant. On the other hand, if we find that the order of
  the High Court cannot be sustained and that the caste certificate
  was issued legally and justifiably, in that event, not only the order
  canceling the caste certificate is to be set aside with a direction
  to restore the caste certificate to the appellant but at the same
H
  ARSHAD JAMIL v. STATE OF UTTARAKHAND &                    429
     ORS. [DR. MUKUNDAKAM SHARMA, J.]
time the order of termination shall also have to be quashed.        A
Consequently, the question with regard to the claim for payment
of arrear of wages shall have to be considered.

     27. Therefore, in our considered opinion, the issue with
regard to the issuance of caste certificate and cancellation
                                                                    8
thereof, is the crucial question which goes to the root of the
dispute between the parties and the same requires our
consideration at the very initial stage.
                                        ,.
     28. Our attention was drawn to the advertisement issued
by the respondent-State inviting applications for filling up the    C
post of Civil Judge [Junior Division]. In the said advertisement
it was clearly mentioned that the candidates who claim
reservation by claiming to belong to Other Backward Classes
of Uttarakhand, have to produce a caste certificate in terms of
the format attached thereto. It was mentioned therein that the      D
candidate who claims to be a member of the backward classes
of Uttarakhand and is ordinarily a resident of Uttarakhand has
to submit a caste certificate in format. The appellant also while
applying for the said post, obtained a caste certificate which
was issued by the Tehsildar on 29.6.2002, which is under            E
challenge.

     29. It is no doubt true that the Tehsildar, Roorkee
subsequently also reiterated his stand that the appellant is a
member of the other backward classes and is also ordinarily
                                                                    F
a resident of Uttarakhand. Subsequently, however, the same
was cancelled by an order dated 02.03.2005 whereby the
Tehsildar, Roorkee, who is the competent 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     G
to be a resident of Roorkee in a mischievous manner, while
he was actually a permanent resident of Muzaffarnagar and has
thereby, misused the said caste certificate. A copy of the said
order is on record. The said order indicates that District
Magistrate had advised cancelling the certificate. The said         H
    430     SUPREME COURT REPORTS                 [2011] 12 S.C.R.

A order also indicates that the same was cancelled without giving
  any opportunity to the appellant. Therefore, a writ petition was
  filed by the appellant challenging the legality and the validity of
  the order dated 02.03.2005. The said writ petition was allowed
  by the Uttarakhand High Court by its order dated 06.05.2005,
B 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 a notice to the appellant and to give
  reasonable opportunity to file his objections against the
  proposal to cancel the caste certificate. In view of the aforesaid
c order passed by the High Court, the State Government became
  empowered to pas·s a fresh order in the matter of cancellation
  of caste certificate, after giving notice to the appellant to show
  cause as to why it should not be cancelled. There is no dispute
  with regard to the fact that subsequent thereto the appellant has
  been given such an opportunity and he had filed replies thereto.
0
  The Tehsildar thereafter passed a reasoned order by referring
  to the various documents filed by the parties and giving reasons
  for his decisions by relying upon the documents which are on
  record.
E       30. The High Court, where the validity of the order passed
  by the Tehsildar on 02.03.2005 was challenged, considered the
  contentions raised by the appellant, but dismissed the writ
  petition holding that the appellant cannot get the benefit of Other
  Backward Classes status in the State of Uttarakhand as he is
F a permanent resident of Muzaffarnagar, UP. The High Court has
  also recorded a finding that the appellant obtained a false
  certificate of being a resident of Roorkee, District-Haridwar,
  Uttarakhand.
G       31. Although, the power and the jurisdiction of this Court
  in the matter of re-appreciation of evidence is restricted and
  also keeping in mind the well-settled principles that the scope
  of judicial review of administrative action is very restricted and
  limited and, therefore, we should be slow in interfering with the
H finding of facts arrived at by the High Court, we still looked into
   ARSHAD JAMIL v. STATE OF UTTARAKHAND &                    431
      ORS. [DR. MUKUNDAKAM SHARMA, J.]

the entire records and the documents relied upon in order to        A
satisfy ourselves that the action taken by the respondent-State
in canceling the certificate of the. appellant is legal, just and
proper.

       32. On considering the evidence on record and the            B
 documents placed before us we find that the appellant received
 his education in Muzaffarnagar except for a period when he
 studied in Mysore. He also obtained his Law Degree from
 Muzaffarnagar Law College. During the aforesaid period he
 was a resident of Muzaffarnagar which is established from the
 records available with us. The appellant thereafter obtained his   C
 graduation from the Law College at Muzaffarnagar, and got
 himself enrolled with the Bar Council of Uttar Pradesh,
 Allahabad. He submitted his application on 01.12.1999 and he
 received the enrolment on 09.03.2000 in which also his
 address was shown as 225, Khalapur, District-Muzaffarnagar,        D
 U.P. His name as well as the names of his family members were
 included in the ration card which has been made in District-
 Muzaffarnagar. The said ration card however came to be
 cancelled by the supply office in the year 2001, during card
 verification scheme for want of a photograph. Despite his claim    E
 that he was residing in Roorkee, there is no documentary
 evidence to prove the said fact except for a document which
 has been placed on record, being municipal record, but issued
 in the year 2003 showing him as a tenant of Furkan Ahmed in
 Mohalla Shekhpuri for the period from 1998 to 2003. But if he      F
 was staying in Roorkee from the year 1998, there was no
 reason why other documentary evidence is not available in
 support of his contention that he was ordinarily a resident of
 Roorkee. His name came to be recorded in the electoral roll
.of Roorkee in the District-Haridwar only in the year 2003. The     G
 records placed before us show that the name of the appellant
 was included in the electoral roll of Muzaffarnagar in the year
 1993 on the basis of door to door survey made by the election
 commissioner. Since he was found residing in Muzaffarnagar,
 his name was included in the voters list of Muzaffarnagar          H
    432     SUPREME COURT REPORTS                 [2011) 12 S.C.R.


A constituency. His name finds place in the electoral roll of
  Muzaffarnagar constituency for the year 1993, 1995, 1998 and
  2003. The voter identity card of the appellant was also issued
  to him from the Muzaffarnagar Assembly constituency showing
  him to be a resident of House No. 225, Mohalla-Khalapur,
B District-Muzaffarnagar, U.P. The name of the appellant in the
  aforesaid voter list continued to be there till his father informed
  them in the year 2006 that his son is now residing in Roorkee
  and, therefore, his name is to be deleted from the voters list.
  The appellant submitted his application for being appointed for
c the post of Civil Judge [Junior Division] alongwith the cast
  certificate issued to him on 29.6.2002. There is no
  contemporaneous document prior to the same showing and
  justifying his claim that he was ordinarily a resident of Roorkee.

       33. Our attention was also drawn to the Section 21 of the
D Representation of Peoples Act, 1950 laying down the
  procedure and method for the preparation and revision of
  electoral rolls in a constituency. Our attention was also drawn
  to Rule 7 of the Registration of Electors Rules, 1960 which
  prove and establish that an electoral roll is prepared on the
E basis of enumeration done by the election staff after making a
  door to door verification and on the basis of the information
  disclosed by the family members and the house they visit. On
  the said disclosures made, the name of the appellant was
  included in the voters list of Muzaffarnagar upto 2003 and
F therefore, it cannot be said that he was not only ordinarily
  resident of Muzaffarnagar but a permanent resident thereof.

       34. In view of such authentic and sufficient documentary
  evidence on record to reject the claim of the appellant that he
G was an ordinarily resident of Roorkee, the findings recorded
  by the Tehsildar, Roorkee in his order dated 02.03.2005 and
  also those recorded by the High Court cannot be sought to be
  in any manner arbitrary, illegal or irrational.

       35. In the case of Action Committee on Issue of Caste
H Certificate to SC and ST in the State of Maharashtra and Anr
  ARSHAD JAMIL v. STATE OF UTTARAKHAND &                   433
     ORS. [DR. MUKUNDAKAM SHARMA, J.]
v. Union of India & Anr. reported in (1994) 5 SCC 244 a A
Constitution Bench of this Court considered the issue regarding
a person belonging to SC/ST in relation to his original State of
which he is a permanent or ordinary resident. While examining
the said issue it was held that such a person who belongs to
SC/ST in one State of which he is a permanent or ordinary B
resident cannot deem to belong to SC/ST in relation to another
State on his migration to that State for the purpose of
employment, education, etc. The aforesaid conclusions were
arrived at by the Constitution Bench of this Court after referring
to the Government order wherein the expression "ordinary          c
residence" came to be explained as residence which is not for
the purpose of service, employment, education, confinement in
jail, etc., and in short it means permanent and not a temporary
residence. The Constitution Bench also referred to Section 20
of the Representation of Peoples Act, that so far as the
                                                                   0
Government of India is concerned, it has firmly held the view
that a Sch~led Caste/Scheduled Tribe person who migrates
from the State of his origin to another State in search of
employment or for education purposes or the like, cannot be;.
treated· as a person belonging to the Scheduled Caste/
Scheduled Tribe of the State to which he migrates and hence E
he cannot claim benefit as such in the latter State.

     36. The order which is passed by the Tehsildar whereby
he had finally cancelled the caste certificate of the appellant and
which is the impugned order under challenge in the writ petition, F
was a detailed order giving cogent reasons for the decision
rendered. The said order cannot be termed as an order passed
by him at anybody's behest or at the dictation of his superior
officer. The aforesaid order was passed independently
exercising his own independent mind and upon detailed G
examination of the records. Therefore, the submission that the
same was passed at the dictation of the higher authority or that
the same was passed for extraneous consideration is baseless
and without any merit.
                                                                  H
    434     SUPREME COURT REPORTS                   (2011] 12 S.C.R.


A        37. The appellant has failed to prove and establish that he
    is an ordinary resident of Roorkee in the year 2002 when he
    made an application for his appointment to the post of Civil
    Judge [Junior Division] and also when he applied for and
    obtained the caste certificate. The caste certificate was initially
s   issued to him without making a proper and detailed inquiry, and
    the Tehsildar proceeded on the basis of certain observation of
    two persons. A caste certificate is a very important and
    substantial document and, therefore, while granting the same
    a proper inquiry is required to be made by the Tehsildar which
c   appears to have been not done in the present case, and the
    Tehsildar issued the said caste certificate to the appellant in a
    perfunctory manner and therefore, the same was cancelled by
    a detailed order giving cogent and valid reasons thereof.

          38. Consequently, we find no infirmity in the judgment and
D ·order dated 13.08.2008, in writ petition no. 408 of 2006 passed
   by the High Court, upholding the order of the Tehsildar canceling
   the caste certificate of the appellant. The appeal filed by the
   appellant against the order dated 13.8.2008 of the High Court
   fails.
E
          39. Consequently, the appeal filed by the State of
   Uttarakhand against the order dated 23.12.2005, passed by
   the High Court, setting aside the order of termination of the
   appellant in writ petition no. 413 of 2004 stands allowed in
F terms of this order.

        40. In view of the aforesaid position, the appeal filed by
    the appellant against the order dated 23.12.2005, passed by
    the High Court in writ petition no. 413 of 2004, claiming
    payment of back wages is rendered infructuous, which is also
G   dismissed in terms of this order.

    N.J.                                      Appeals disposed of.