Holding

An appointment secured by a false caste certificate must be cancelled and the employee cannot retain any benefits of the reservation.

Summary

The respondent, Dattatray, claimed to belong to the Halba Scheduled Tribe and was appointed as an Assistant Professor in a post reserved for STs. Verification by authorities later established that his caste certificate was false, leading the Scrutiny Committee to invalidate his claim. The High Court, while acknowledging the false claim, directed that his services continue, relying on State of Maharashtra v. Milind. The respondent resigned before the Supreme Court heard the appeal. The Supreme Court held that an appointment obtained on the basis of a false caste certificate must be cancelled and the employee cannot retain any benefits of the reservation, setting aside the High Court's order to continue his service. Since the respondent had resigned, only his terminal benefits, if any, may be settled, and he is not entitled to pensionary benefits.

Issues considered

When an appointment is obtained by a false Scheduled Tribe certificate, can the employee retain the position and benefits?
Does the decision in State of Maharashtra v. Milind apply to cases of false caste claims for employment?
Does the employee's resignation before the final order affect his entitlement to service benefits?

Subjects

reservationfalse caste certificateScheduled Tribeappointment cancellationservice lawpensionresignationSupreme Court

Judgment

l
[2008] 2 S.C.R. 1096

UNION OF INDIA ~
A
v.
DATIATRAY S/o NAMDEO MENDHEKAR & ORS.
(Civil Appeal No. 1639 of 2008)
FEBRUARY 15, 2008
B
(K.G. BALAKRISHNAN, CJI, C.K. THAKKER
AND R.V. RAVEENDRAN, JJ.)

Service Law
r
c Reservation In Appointment - Appointment on post
.I

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
D 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
E 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
F 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
G
not be entitled to any pensionary benefit. (paras 5, 7 and 8) -,<(
[1099-E, F, 1100-E, F, G]
Bank of India v. Avinash D. Mandivikar [(2005) 7 SCC
690) and Additional General Manager Human Resources,
H 1096
J,
UNION OF INDIA v. DATTATRAY S/o NAMDEO 1097
MENDHEKAR & ORS. [K.G. BALAKRISHNAN, CJI.]
--4 ):·
Bharat Heavy Electricals Ltd. v, Suresh Ramkrishna Burde A
((2007) 5 sec 336] - relied on. (para 6)
State of Maharashtra v. Mi/ind ((2001) 1 SCC 4] - held
inapplicable
CIVILAPPELLATE JURISDICTION: Civil Appeal No. 1639 B
·--; of 2008.
From the Judgment and Order dated 6.4.2005 of the High
Court of Judicature at Bombay, Nagpur Bench, Nagpur in W.P.
No. 1176/1999.
c
R. Mohan ASG, Indra Sawhney and Sushma Suri for the
Appellant.
V.N. Raghupathy, D.S. Mahra, Neera Gupta, Jaishree Wad,
Ashish Wad, Neeraj Kumar (for Mis. J.S .. Wad & Co.,) S.S.
Shinde and Asha G. Nair for the Respondents. D
-~·
The Order of the Court was delivered by
K.G. BALAKRISHNAN, CJI. 1. Leave granted. Heard
learned counsel for both sides.
2. The first respondent, who claimed that he belonged to a E
Scheduled Tribe - Halba, was appointed as an Assistant
Professor of Psychiatry in G. B. Pant Hospital, New Delhi, in a
post reserved for Schedule Tribes, vide O.M dated 21.6.1990
of the Ministry of Health & Family Welfare, subject to caste status
--..,.· verification. He joined duty on 20.9.1990. One of the conditions F
subject to which he was offered appointment was that if any
declaration given or information furnished by him was proved
to be false, he will be liable for removal from service and other
action which the government may deem appropriate. His claim.
that he belonged to a Scheduled Tribe was referred for G
,• verification. The Tehsildar Mohadi, on verification, sent a
communication on 9.5.1991 that first respondent did not belong
to Halba community. As first respondent questioned the report
of the Tehsildar and asserted that he belonged to Halba tribe,
his claim was referred to the Tribal Research & Training Institute, H
)__
1098 SUPREME COURT REPORTS [2008) 2 S.C.R.

~
,
I

A Pune for verification on 16.10.1992. On 6.3.1999, the Scrutiny
Committee for verification of certificates of Schedule Tribes,
informed the Ministry that the respondent did not belong to the
Halba Tribe (ST). The Ministry, therefore, issued an OM dated
15.3.1999 calling upon the first respondent to show cause why
B his services should not be terminated for falsely claiming to
belong to Halba Tribe. The first respondent challenged the r·
decision of the Screening Committee in W.P. No.1176/1999.
The High Court by judgment dated 6.4.2005 upheld the order
dated 6.3.1999 of the Scrutiny Committee invalidating the first
c respondent's claim that he belonged to 'Halba' tribe, and
directed that the first respondent will not be entitled to any of the
benefits as a member of the Scheduled Tribe, from the date of
its decision. The High Court however directed that the first
respondent's services shall not be disturbed on the ground that ..
)
he did not belong to a Scheduled Tribe. The said benefit of
D
continuation in service, despite invalidation of claim regarding
tribe, was extended by the High Court, purporting to follow the
"i-
decision of this Court in State of Maharashtra vs. MiTind - 2001 l
(1) sec 4. '

E 3. In the meanwhile on 27.8.2004, first respondent is stated
to have tendered his resignation with effect from 25.9.2004. It
is also stated that the first respondent has not attended to duty
from 13.10.2004. The resignation was not accepted by the
Ministry, as the matter was then sub-judice. The first Respondent
F made an application dated 25.3.2005 before the High Court 'r-·
stating that as he had resigned from the post, his writ petition
may be disposed of without considering the matter on merits.
The said application was not taken note of, by the High Court,
while disposing the writ petition.
G . 4. Feeling aggrieved by the direction of the High Court to
continue the first respondent in service, the appellant has filed ~

this appeal by special leave. The appellant contended that the
High Court has erred in assuming that Mi/ind (supra) protected
the appointments made on the basis of wrong claim of caste/
H tribe, if th3 r mployee gave up his claim to.scheduled tribe status
cl
_J. UNION OF INDIA v. DATTATRAY S/o NAMDEO 1099
MENDHEKAR & ORS. [K.G. BALAKRISHNAN, CJI.]

and accepted the order of the Scrutiny Committee. A
........ 'f 5. Mi/ind (supra) related to a Medical College admission .
::, The. question that arose for consideration in that case was
whether it was open to the State Government or Courts or other
authorities to modify, amend or alter the list of Scheduled Tribes
and in particular whether the "Halba-Koshti" was a sub-division B
of 'Halba' Tribe. This Court held that it was not permissible to
amend or alter the list of Schedule Tribes by including any sub-
divisions or otherwise. On facts, this court found that the
respondent therein had been admitted in medical course in ST
category, more than 15 years back; that though his admission c
deprived a scheduled tribe student of a medical seat, the benefit
of that seat could not be offered to scheduled tribe student at
that distance of time even if respondent's admission was to be
annulled; and that if his admission was annulled, it will lead to
depriving the services of a doctor to the society on whom the D.
public money had already been spent. In these peculiar
circumstances, this Court held that the decision will not affect
_.,... the degree secured by respondent or his practice as a doctor
but made it clear that he could not claim to belong to a Scheduled
Tribe. But the said decision has no application to a case which E
does not relate to an admission to an educational institution,
but relate& to securing employment by wrongly claiming the
benefit of reservation meant for Schedule Tribes. When a p~rson
secures employment by making a false claim regarding caste/
tribe, he deprives a legitimate candidate belonging to scheduled F
caste/tribe, of employment. In such a situation, the proper course
~
_.,. is to cancel the employment obtained on the basis of the false
certificate so that the post may be filled up by a candidate who
is entitled to the benefit of reservation.
6. In this context, we may also refer to the decisions in G
Bank of India v. Avinash D.Mandivikar - (2005) 7 SCC 690
and Additional General Manager Human Resources, Bharat
)>
Heavy Electricals Ltd. V Suresh Ramkrishna Burde, 2007 (5)
1·
SCC 336, wherein this Court held that when a person secures
appointment on the basis of a false caste certificate, he cannot H
1100 SUPREME COURT .REPORTS [2008] 2 S.C.R. ~- I-

A 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
B 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
c 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
D
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.
E
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
,.
F employment. ~

8. We, therefore, allow this appeal and set aside the i
judgment of the High Court in so far as it directs the appellant to "r- r
continue the first respondent in service. However, as the first ,
respondent has submitted his resignation even before the writ ;-
1-
G 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. .;,,..
H
tt-
..._
,.

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