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2015 Supreme(Tri) 691

DEEPAK GUPTA, U.B.SAHA
Pabitra Chandra Majumder – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the petitioner:Mr. A. Dasgupta, Advocate.
For the respondents: Mr. S. Chakraborty, Addl. G.A

ORDER

The short question which arises in this writ petition is whether the services of an employee who has obtained a false Scheduled Caste (hereinafter referred to as, “SC”) or Scheduled Tribe (hereinafter referred to as “ST”) certificate can be terminated even if he has obtained service without taking benefit of that false certificate.

2. The admitted facts are that in the year 1982 the petitioner obtained a certificate showing that he belongs to the ‘Namasudra’ community which is a SC community. It would be pertinent to mention that the petitioner himself has clearly admitted that he does not belong to the ‘Namasudra’ community and according to him, he had obtained this certificate “out of curiosity”. We do not understand what is the meaning of the phrase, “out of curiosity” in respect of obtaining a false SC certificate.

3. However, the allegation of the petitioner is that though he had obtained a false SC certificate he never obtained employment on the basis of the false SC certificate. The case of the petitioner as set out in the petition is that he was appointed as Assistant Teacher under the general category and he has always been treated to be a member of the general categor
















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