Important Point
Where a person secures an appointment on basis of a false caste certificate, he cannot be allowed to retain benefit of wrong committed by him and his services are liable to be terminated.

Headnote:Service law – Appointment - False caste certificate - Respondent securing appointment in Bharat Heavy electrical Ltd. as Clerk; by clamming himself to be belonging to a Scheduled tribes and by submitting a false caste certificate – On complaint, an enquiry was held and it was found that Respondent had produced a false caste certificate - Termination of service – Writ Petition there against – High Court relying upon decision in case of State of Maharashtra vs. Milind Katware directed reinstatement in services on an undertaking given by respondent hat he would not take any advantage of being a member of scheduled tribes – Appeal – Held no Principle of law was laid down in State of Maharashtra VS. Milind that where a person secures appointment by producing a false caste 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 would not take any advantage of being member of a caste which was in reserved category - Where a person secures an appointment on basis of a false caste certificate, he cannot be allowed to retain benefit of wrong committed by him and his services are liable to be terminated - Respondent got appointment on 31.5.1982 on a post, which was reserved for a member of Scheduled Tribe - On receiving complaints employer referred matter to District Collector, Nagpur and also to Scrutiny Committee in March, 1991 - Services of respondent were rightly terminated by appellant - Since High Court erred in directing reinstatement of respondent - Order passed by High Court, hence, held liable to be set aside – Appeal allowed. (Paras 11,12,15)
       Facts of the case :
       Respondent herein in the instant case secured appointment in Bharat Heavy electrical Ltd. as Clerk; claiming himself to be belonging to a Scheduled tribes and by submitting a false caste certificate. On complaint, an enquiry was held and it was found that Respondent had produced a false caste certificate and he was dismissed from of service. On writ Petition there against High Court relying upon decision in case of State of Maharashtra vs. Milind Katware directed reinstatement in services on an undertaking given by respondent hat he would not take any advantage of being a member of scheduled tribes.
       Present appeal has been filed against said order of High Court.
       Findings of the Court :
       The Court held that no principle of law was laid down in State of Maharashtra VS. Milind that where a person secures appointment by producing a false caste 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 would not take any advantage of being member of a caste which was in reserved category. Where a person secures an appointment on basis of a false caste certificate, he cannot be allowed to retain benefit of wrong committed by him and his services are liable to be terminated. However, where a person has got admission in a professional course like engineering or MBBS and has successfully completed course after studying for prescribed period and has passed examination, his case may, on special facts, be considered on a different footing. Huge amount of public money is spent in imparting education in a professional college and student also acquires necessary skill in subjects which he has studied. Skill acquired by student can be gainfully utilized by society. In such cases professional degree obtained by student may be protected though he may have got admission by producing a false caste certificate. However If falsehood of caste certificate submitted by student is detected within a short period of his getting admission in professional course, his admission would be liable to be cancelled. Respondent got appointment on 31.5.1982 on a post, which was reserved for a member of Scheduled Tribe. On receiving complaints employer referred matter to District Collector, Nagpur and also to Scrutiny Committee in March, 1991. Services of respondent were rightly terminated by appellant. Since High Court erred in directing reinstatement of Respondent. Order passed by High Court, hence, held liable to be set aside.

JUDGMENT

G.P. Mathur, J.—

1.Leave granted.

2.This appeal, by special leave, has been preferred against the judgment and order dated 4.8.2004 of a Division Bench of Bombay High Court (Nagpur Bench) by which the writ petition filed by the respondent Suresh Ramkrishna Burde was disposed of with a direction to reinstate him in service and further that in future he shall not take any benefit as belonging to reserved category of Scheduled Tribe.

3.The respondent herein, Suresh Ramkrishna Burde, claiming himself to be belonging to Halba Scheduled Tribe and after submitting a certificate to the said effect, got an appointment in the Bharat Heavy Electricals Ltd., Hyderabad, as Clerk on 31.5.1982 on a post which was reserved for a person belonging to Scheduled Tribe. He was promoted as Assistate Grade II on 27.6.1987 and then as Assistant Grade I on 25.6.1994. The Scheduled Tribes Employees Association (Regd. No. 290 BHEL), Hyderabad, made a complaint that the respondent and several others had produced false caste certificates and had thereby got appointment on vacancies which were reserved for members of Scheduled Tribes. The caste certificate produced by the respondent was referred for verification to District Collector, Nagpur, on 30.3.1991 and also to the Chairman, Scheduled Tribe Caste Certificate Scrutiny Committee (for short ‘the Scrutiny Committee’). The Scrutiny Committee vide order 30.8.1995 held that the caste certificate produced by the respondent was false and the same was invalidated. The respondent challenged the said order by filing writ petition No. 3229 of 1995 before the Nagpur Bench of Bombay High Court, which was allowed and the matter was remanded back to the Scrutiny Committee for a fresh consideration in accordance with law. The Scrutiny Committee again examined the matter in accordance with the direction of the High Court and also got an enquiry conducted through its Police Vigilance Cell. The enquiry committee took into consideration the primary school record of the respondent and also extracts of the admission register of the school where the respondent’s real paternal cousin had his primary education in the year 1945 onwards. The Scrutiny Committee vide its report dated 29.8.2001 found that the respondent belonged to ‘Koshti’ caste and he did not belong to Halba Scheduled Tribe. This order was again challenged by the respondent by filing writ petition No. 3628 of 2001 before the Nagpur Bench of Bombay High Court wherein an interim stay was granted in favour of the respondent on 1.11.2001. The writ petition was finally disposed of on 17.2.2004 and the relevant portion of the order is being reproduced below :

“Learned counsel for the petitioner seeks permission to withdraw the present Writ Petition with a liberty to approach the employer of the petitioner by making a representation in view of the observations of the Apex Court in Milind Katware’s case reported in 2001 (1) Mh.L.J. as well as in view of the Govt. Resolutions dated 15th June, 1995 and 15th March, 2000, and further prays that a direction be given to the respondent no. 4 employer of the petitioner, to decide the representation of the petitioner on its own merits within the stipulated period.

Permission is granted. Writ Petition is dismissed as withdrawn.

Respondent No. 4 is directed to decide the representation of the petitioner according to the law within a period of six weeks from the date of the receipt of such representation.”

Thereafter, the respondent made a representation dated 12.3.2004 to the appellant herein (employer) wherein he prayed that in view of decision of the Supreme Court in State of Maharashtra vs. Milind and others (2001) 1 SCC 4, his services may be protected. This representation was considered by the appellant and was rejected. The services of the respondent were terminated vide order dated 16.7.2004. Feeling aggrieved by the said order the respondent then filed writ petition No. 3142 of 2004 before the Nagpur Bench of Bombay H

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2007 Supreme(SC) 695

Important PointWhere a person secures an appointment on basis of a false caste certificate, he cannot be allowed to retain benefit of wrong committed by him and his services are liable to be terminated.

Cases Referred (3)

Important Point
Where a person secures an appointment on basis of a false caste certificate, he cannot be allowed to retain benefit of wrong committed by him and his services are liable to be terminated.