Person Who Secures Appointment on The Basis of a False Caste Certificate Cannot Be Permitted to Retain Benefit of Wrongful Appointment: Supreme Court
[11 July 2022] The Supreme Court observed that when a person secures appointment on the basis of a false caste certificate, he cannot be permitted to retain the benefit of wrongful appointment.
In this case, the employee obtained a Caste Certificate showing him to be “Halba” Scheduled Tribe from the Deputy Collector, Durg and on the basis of the said certificate, joined service as a Management Trainee (Technical) against a Schedule Tribe quota vacancy at the Bhillai Steel Plant of the Steel Authority of India Limited (SAIL). Later, High-Level Caste Scrutiny Committee, Raipur cancelled his Caste Certificate with the observation that he failed to produce documents prior to the year 1950 showing him as Halba. Following this, he was terminated from service. He challenged the Termination order before the Central Administrative Tribunal (CAT). The Chhattisgarh High Court allowed his writ petition relying on a judgment of the Supreme Court in State of Maharashtra Vs. Milind and Ors. (2001) 1 SCC 4.
The bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy agreed with the appellant’s contention that High Court misapplied the ratio in Milind, since the appointment as Management Trainee (Technical), cannot be compared to the education and appointment of a medical doctor. The court observed:
“As we notice, the High Court disregarded the Government’s circular dated 11.01.2016 whereby the previous circular (01.10.2011) was cancelled with the specific observation that Milind’s judgment was clarified subsequently in Dattatray, by declaring that when a person secures appointment on the basis of a false certificate, he cannot be permitted to retain the benefit of wrongful appointment. In fact, necessary actions were expected to be taken against those who secured unmerited appointment on the basis of false caste certificate”.