Monday, August 14, 2023

Persons Who Secure Job In Reserved Posts Based On False Caste Certificates Liable To Be Dismissed : Supreme Court

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The Supreme Court recently reiterated that no protection should be given to persons who secure public employment through false caste certificates. The Court set aside a judgment of the Orissa High Court which directed a public authority to consider reinstating an employee, who was found to have obtained employment in reserved post on the basis of a false certificate(Bhubaneswar Development Authority v. Madhumita Das & Ors).

The Court held that it is immaterial whether the caste certificate was submitted fraudulently or due to a genuine mistaken belief. Intent is of no consequence.

The Bench comprising Chief Justice of India Dhananjaya Y Chandrachud and Justice J B Pardiwala held “that granting protection to individuals who are ineligible for the post has a deleterious effect on good governance.”

The Court held that the said protection would allow an ineligible person to gain access to a scarce public resource, violate the rights of an eligible person, and perpetuate illegality by unduly bestowing benefits on an ineligible person.

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