Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Nomadic Tribe Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – False representation and appointment to a reserved post – The first respondent was appointed by the appellant on the basis of a claim that he belonged to a Scheduled Tribe, namely, the Dhangad Community- However, record showed that he belonged to the Dhangar Community (a nomadic tribe) – The High Court by order dated 11.07.2016 issued a direction to the effect that the services of the first respondent were liable to be protected – The Respondent relied upon a circulars dated 08.04.2019 and 20.06.2019 issued by the Department of Revenue, Central Board of Direct taxes – Both Circulars have relied upon the Judgments of a two-Judge Bench of this Court in SG Barapatre v. Shri Ananta Gajanan Gaiki and Gajanan Marotrao Nimje v. The Reserve Bank of India – On appeal , held: Both the Judgments i.e. Barapatre and Nimje relied on by the respondent were prior to the decision of the three Judge Bench in Chairman and Managing Director, Food Corporation of India v. Jagdish Balaram Bahiraw – Both Barapatre and Nimje are decisions of a two judge Bench and do not lay down any principle of law contrary to the binding three Judge Bench decision in FCI – Neither the DOPT circular dated 08.04.2019 nor the circular dated 20.06.2019 of the Department of Revenue can depart from the principles laid down in FCI – The circulars, hence only applied to the peculiar facts noted in Barapatre and Nimje – In FCI, it was held that once it was found that candidate had obtained admission upon a false representation to belong to the reserved category, the appointment would be vitiated by fraud and would be void ab initio – Therefore, the impugned Judgment of the High Court dated 11.07.2016, set aside. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2020 INSC 91 |
Petitioner | The Chief Regional Officer The Oriental Insurance Co Ltd |
Respondent | Pradip And Anr |
SCR | [2020] 3 S.C.R. 459 |
Judgement Date | 2020-01-27 |
Case Number | 742 |
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