Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law -Reservation In Appointment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service LawReservation In Appointment - Appointment on post reserved for Scheduled Tribes - On basis of Caste Status Certificate produced by candidate showing him belonging to Halba Tribe- On inquiry certificate found to be false - Removal from service - High Court accepting the case of false certificate, but directing the candidate to continue in service, albeit not as a Scheduled Tribe - During pendency of Writ Petition resignation by candidate - Held : When a person secures employment by making a false claim regarding caste/tribe, he deprives a legitimate candidate belonging to scheduled caste/tribe, of employment - In such a situation, the proper course is to cancel the employment obtained on the basis of false certificate so that the post may be filled up by a rightful candidate - The High Court failed to appreciate the ratio of Milind - Having held that employee had falsely claimed that he belonged to a Scheduled Tribe, it wrongly extended him the benefit of continuing in employment - However, as the employee had submitted his resignation even before the writ petition was decided, and has not attended to duty from 13. 10. 2004, his terminal benefits, if any due to him, may be settled. It is however made clear that he will not be entitled to any pensionary benefit |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2008 INSC 196 |
Petitioner | Union Of India |
Respondent | Datiatray S/o Namdeo Mendhekar & Ors. |
SCR | [2008] 2 S.C.R. 1096 |
Judgement Date | 2008-02-15 |
Case Number | 1639 |
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