Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Certificate Act 2000---ss. 6 7 and JO-Government service-On the basis |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribe (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000-ss. 6, 7 and 10-Government service-On the basis of caste certificate showing the procurer thereof belonging to Scheduled Tribe-Verification of Certificate-Certificate invalidated finding that he did not belong to Scheduled Tribe-Invalidation challenged-High Court on the basis of Government resolution protected the service-On appeal held: Government Resolution was not applicable to the employee as the pre-condition thereof was not fulfilled-The Act being the legislative act would prevail over any Government Resolution-In view of the provisions of the Act, invalidation justified-Service Law-Reservation-Constitution of India, 1950-Articles 341 and 342.Constitution of India, 1950-Article 136-Discretionary jurisdiction under-Exercise of-Held: Exercise of discretionary jurisdiction would depend upon facts and circumstances of each case. Respondent was appointed on 29.6.1995 in State Government services. F He claimed to be belonging to 'Halba' community, a scheduled tribe. On doubt, the caste certificate procured by the respondent, was referred to Caste Certificate Scrutiny Committee for verification. He was found to be belonging to 'Koshti' caste which came within the category of 'special backward class' and not within the scheduled tribe category. His caste certificate was invalidated. Respondent filed Writ Petition. He accepted the findings of the Caste Scrutiny Committee but claimed protection. The petition was allowed by High Court observing that though the respondent was appointed on 29.6.1995, but since he was selected on 15.6.1995, he was entitled to protection under a Government Resolution whereby the services of persons who were appointed prior to 15.6.1995 were protected. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 45 |
Petitioner | State Of Maharashtra & Ors. |
Respondent | Sanjay K. Nimje |
SCR | [2007] 1 S.C.R. 960 |
Judgement Date | 2007-01-16 |
Case Number | 231 |
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