Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India - Art. 142 - Public employment - Reservation for Scheduled Caste/Scheduled Tribe - Individuals seeking benefit of public employment on the basis of scheduled caste/scheduled tribe claim - Verification by scrutiny committee - Invalidation of their caste or tribe claim |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India - Art. 142 - Public employment - Reservation for Scheduled Caste/Scheduled Tribe - Individuals C seeking benefit of public employment on the basis of scheduled caste/scheduled tribe claim - Verification by scrutiny committee - Invalidation of their caste or tribe claim - Protection by the constitutional court - Entitlement to - Held: Where benefit is seeded by an individual such as an appointment to a post or admission to an educational institution 'on the basis that the candidate belongs D to a reserved category for which the benefit is reserved. invalidation of the caste or tribe claim upon verification would result in 'the appointment or admission being rendered void or non est - Withdrawal 0{ benefits secured on the basis of the false caste claim is a necessary consequence - Exception to the above is in those E cases where this Court exercises its power u!Art. 142 to render complete justice - Though the power of the Supreme Court u/Art. 142 is a constitutional power vested in the court for rendering complete justice and is couched in wide terms, the exercise of the jurisdiction must have due regard to legislative mandate, where a law such as Maharashtra Act XXlll of 2001 holds the field - Power F u!Art. 142 should not be exercised to defeat the legislative prescription - Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification) Caste Certificate Act, 2000. G Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification) Caste Certificate , 2000 - Object and purpose of the enactment -Held: By Maharashtra Act XXlll of 2001 there is a legislative codification of the road principles enunciated in**Madhuri Patil - Legislation provides a stall/tat:v .framework turegulate issuance of caste certificate and to deal with instanceswhere persons did not belong to schedule caste or tribes unreservedcategories were .seeking appointment or admissions to the detrimentB of genuine candidates - Basic purpose and rationale for thelegislation is to secure the just entitlements of legitimate claimants.c ss. I 0 and 11 - Individuals seeking benefit of publicemployment on the ba:>is of" scheduled caste/scheduled tribe claim -Invalidation of caste or tribe claim - Withdrawal of /Jene(t1 obtained- Requirement of dishonest intent for the application s. JO - Held:There is no requirement of" dishonest intent- Mens rea is an ingredient/of the penal provisions contained in s.ll which is prospective andwould apply in those situations where the act constituting the offencehas token place a/ter the date of its enforcement.D Operation of the Act - Prospective or retrospectiveApplication to admissions or appointments made prior to the dateon which the Act came inlO fol"ce - Elucidated.Circulars/Government Orders/Notifications - Administrativecirculars and government resolutions - Effect of - Held:Administrative circulars and government resolutions are subservientE to legislative mandate and cannot be contrary either to constitutionalnorms or statutory principles - Where candidate has obtained anappointment to a post 011 the basis of a caste certificate and ii isfound upon verification by the scruitny Committee that rhe claim isfalse. the services of such an individual cannot be protected byF taking recourse to administrative circulars or resolutions -Protectionof claims of a usurper is an act of deviance to the constitutionalscheme as well as to statutory mandate. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2017 INSC 591 |
Petitioner | Chairman And Managing Director Fci And Ors. |
Respondent | Jagdish Balaram Bahira And Ors. |
SCR | [2017] 11 S.C.R. 271 |
Judgement Date | 2017-07-06 |
Case Number | 8928 |
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