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by Admin
07 May 2024 2:49 AM
In a significant verdict, the Supreme Court of India upheld the cancellation of a caste certificate obtained by an individual for claiming reservation benefits. The judgment, delivered by the bench of Chief Justice Dr. Dhananjaya Y Chandrachud and Justice J B Pardiwala, emphasized that marriage cannot alter an individual’s reserved status as determined at birth.
The case, arising from an appeal filed by the Bhubaneswar Development Authority, revolved around the validity of a caste certificate that had enabled an individual to secure a job reserved for Scheduled Castes. The appellant challenged a High Court judgment that directed the reconsideration of the individual’s claim for reinstatement based on outdated legal precedents.
The Supreme Court observed, “Acquisition of the status of Scheduled Caste by marriage would play fraud on the Constitution,” citing the decisions of Valsamma Paul v. Cochin University and Anjan Kumar v. Union of India. The Court clarified that a person’s status is determined at birth and cannot be altered post-marriage to claim reservation benefits.
In its detailed judgment, the Court reiterated the importance of caste certificates in reservation posts and the relevance of caste claims by birth, while also discussing the impact of invalidation on disciplinary proceedings and salary recovery.
Furthermore, the Court noted that the single judge’s direction for reconsideration was based on precedents that have since been overruled by a larger bench in Chairman and Managing Director, Food Corporation of India v. Jagdish Balaram Bahira.
The bench stated, “Irrespective of whether or not the caste claim of the first respondent was fraudulent or otherwise, it is evident that the benefit which she obtained securing employment against a reserved post would have to be set aside once the caste claim has been rejected.”
Appellant’s appeal was allowed, the impugned judgment set aside, and the first respondent’s caste certificate invalidation was upheld. The Court also ordered that no recovery shall be made from the first respondent’s salary for the period worked.
Date of Decision: May 02, 2023
Bhubaneswar Development Authority vs Madhumita Das & Ors
[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/08/02-May-2023_Bhuvneshwar_Dev_Auth_Vs_Madhumita.pdf"]
