IMPORTANT POINTS
(1) When a person secures appointment on the basis of a false certificate, he cannot be permitted to retain benefit of wrongful appointment.
(2) An OBC candidate cannot be retained in a ST category post.

JUDGMENT :

Hrishikesh Roy, J.

1. Heard Mr. Maninder Singh, the learned Senior Counsel appearing on behalf of the appellant. Also heard Mr. Anupam Lal Das, the learned Senior Counsel representing the respondent no.1. The State of Chhattisgarh is represented by Mr. Sumir Sodhi, the learned counsel.

2. The challenge in this appeal is to the judgment and order dated 09.01.2017 in the WP No. 675/2016 whereby the Division Bench has interfered with the order passed by the Central Administrative Tribunal (for short “CAT”) and granted relief to the writ petitioner (respondent no.1) whose termination order dated 24.10.2015 was set aside with the declaration that he would be entitled to all the consequential benefits, including seniority and back wages.

RELEVANT FACTS

3. On 11.09.1987, the respondent no.1 obtained a Caste Certificate showing him to be “Halba” Scheduled Tribe (hereinafter “ST”) from the Deputy Collector, Durg and on the basis of the said certificate, the respondent no.1 on 18.09.1995, joined service as a Management Trainee (Technical) against a Schedule Tribe quota vacancy at the Bhillai Steel Plant of the Steel Authority of India Limited (SAIL). In 2008, questions were raised on the caste status of the respondent no.1, and his entitlement to the benefits meant for the Scheduled Tribe category, and accordingly, his caste certificate was forwarded to the High-Level Caste Scrutiny Committee, Raipur to determine whether he belonged to Halba Scheduled Tribe community or “Halba/Koshti” the Other Backward Class (hereinafter “OBC”) community. The Committee, after due inquiry, on 15.07.2015 submitted a report stating that respondent no.1 belongs to Halba/Koshti community, which is categorized as OBC in the State of Chhattisgarh, and thus, he does not belong to Halba Scheduled Tribe community. Accordingly, the respondent no.1’s Halba ST Certificate dated 11.09.1987 was cancelled with the observation that the respondent no.1 failed to produce documents prior to the year 1950 showing him as Halba. Following the cancellation of the ST Certificate, the Vigilance Department of the State of Chhattisgarh, on 23.07.2015, issued communication to the employer i.e., Bhillai Steel Plant for necessary action. In consequence thereof, and the adverse finding of the Committee, order for termination of the respondent no.1’s service was issued on 24.10.2015. The Bhillai Steel Plant also ordered for forfeiture of all the service benefits of the respondent no.1 such as CPF, Gratuity, Pension, Leave Encashment etc.

4. The respondent no.1 moved the Central Administrative Tribunal (CAT), to challenge the termination but his OA 1115/2015 came to be dismissed in limine because he had not challenged the adverse finding (15.07.2015) of the High-Level Caste Scrutiny Committee, Raipur.

5. Thereafter, the respondent no.1 filed a writ petition before the High Court of Chhattisgarh challenging the CAT’s decision and seeking protection of his service. The Division Bench of the High Court by placing reliance on State of Maharashtra Vs. Milind and Ors., (2001) 1 SCC 4 [Para 5] (hereinafter “Milind”) through the impugned judgment granted relief to the writ petitioner. In the process, the High Court overlooked that the writ petitioner opted to abstain from the proceedings of the High-Level Caste Scrutiny Committee. Moreover, by this time it was made clear that Halba/Koshti is not a sub-caste of Halba. Therefore, the respondent no.1 being an OBC (Halba/Koshti) could not have claimed recognition and employment benefits reserved for members of the Halba ST community under the Milind’s ratio.

ARGUMENTS BY THE COUNSELS

6.1 Assailing the impugned judgment, Mr. Maninder Singh, the learned Senior Counsel firstly argues that the High Court erroneously relied on the ratio in Milind (supra) and also conspicuously missed the point that the relief in the cited case was restricted to the concerned litigant and the ratio was not intended to be of universal application. Placing strong relian