UNION OF INDIA v. DATIATRAY S-O NAMDEO MENDHEKAR & ORS

Citation: [2008] 2 S.C.R. 1096

Court: Supreme Court of India

Bench: K.G. BALAKRISHNAN, C.K. THAKKER, R.V. RAVEENDRAN

Case summary

UNION OF INDIA v. DATIATRAY S-O NAMDEO MENDHEKAR & ORS.pdf

Judgment text

l [2008] 2 S. C. R. 1096 ~ UNION OF INDIA v. DATIATRAY S/o NAMDEO MENDHEKAR & ORS. (Civil Appeal No. 1639 of 2008) FEBRUARY 15, 2008 (K. G. BALAKRISHNAN, CJI, C. K. THAKKER AND R. V. RAVEENDRAN, JJ. ) Service Law r . I Reservation 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 Mi/ind - 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. (paras 5, 7 and 8) -, Heavy Electricals Ltd.

V Suresh Ramkrishna Burde, 2007 (5) SCC 336, wherein this Court held that when a person secures 1· appointment on the basis of a false caste certificate, he cannot ~- I- be allowed to retain the benefit of the wrong committed by him and his services are liable to be terminated. In the latter case, ~,. _ ~ this Court explained Mi/ind thus : ~ "The High Court has granted relief to the respondent and has directed his reinstatement only on the basis of the Constitution Bench decision of . this Court in State of Maharashtra v. Milind. In our opinion the said judgment does not lay down any such principle of law that where a person secures an appointment by producing a false caste t' certificate,. his services can be protected and an order of reinstatement can be passed if he gives an undertaking that in future he and his family members shall not take any advantage of being member of a caste which is in reserved category.

" This Court further held that even in cases of admission to educational institutions, the protection extended by Mi/ind (supra) will be applicable only where the candidate had successfully completed the course and secured the degree, and ... ,, riot to cases where the falsehood of the caste certificate is detected within a short period from the date of admission. 7. We are of the view that the High Court failed to appreciate the ratio of Mi/ind. Having held that the first respondent had falsely claimed that he belonged to a Schedule i' Tribe, it wrongly extended him the benefit of continuing in ,. employment. ~ i 8. We, therefore, allow this appeal and set aside the "r- r judgment of the High Court in so far as it directs the appellant to continue the first respondent in service. However, as the first , ;respondent has submitted his resignation even before the writ 1 petition was decided, and has not attended to duty from ' l= 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. , r . ;,,. R. P. Appeal allowed. t t- .. ,.