Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | All India Services Act 1951 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Constitution of India, 1950: Article 311/All India Services Act, 1951; Section 3(1)/All lndia Services (Discipline and Appeal) Rules, 1969; Rules 6, 7(1)(2): Appointment of appellant against a post reserved for Scheduled Caste allegedly on the basis of a false certificate-Challenge to-Anthropological D enquiry reveals that he does not belongs to Scheduled Caste community-Affirmed by the Scrutiny Committee and the High Court-SLP/Review Petition dismissed by the Supreme Court. Termination of services of incumbent without following due procedure--Challenge allowed by CAT holding that service of the appellant be not terminated without complying with the procedure laid down under Article 311 of the Constitution and Rules-Reversed by the High Court-On appeal, Held: Appointment of the incumbent cancelled not on the ground of misconduct but on the findings that he does not belongs to Scheduled Caste community-Constitutional safeguard provided in terms of Article 311 of the Constitution have been followed-Rules 6/7 of the Rules complied with-Since caste certificate found to be false, appointment of the incumbent was no appointment in the eyes of law-He usurped the post meant for a reserved candidate-Hence, he cannot claim such right which accrues to a Government Servant by virtue of holding a post in the Government service within the meaning of .Article 311 of the Constitution-In the facts and circumstances of the case, he cannot plead equity nor the Court could examine it, nor he could claim his salary/pension since such right flows from a valid and legal appointment. Educational Institution-Reservation-Admission against reserved quota-Non declaration of result on completion of the course-Challenge to-Held: Since Caste Certificate was cancelled, incumbent cannot be allowed to take any benefit flowing from Caste Certificate-He would be treated as a person belonging to general category-However, non-declaration of result not going to affect the other party adversely-Hence, result may be declared. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2004 INSC 23 |
Petitioner | R. Vishwanatha Pillai |
Respondent | State Of Kerala And Ors. |
SCR | [2004] 1 S.C.R. 360 |
Judgement Date | 2004-01-07 |
Case Number | 89 |
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