Person Who Secures Appointment On The Basis Of A False Caste Certificate Cannot Be Permitted To Retain Benefit Of Wrongful Appointment
Case: Chief Executive Officer Bhilai Steel Plant Bhilai vs Mahesh Kumar Gonnade
Coram: Justices Sanjay Kishan Kaul and Hrishikesh Roy
Case No.: CA 4990 OF 2021
Court Observation: “As we notice, the High Court disregarded the Government’s circular dated 11.01.2016 whereby the previous circular (01.10.2011) was cancelled with the specific observation that Milind’s judgment was clarified subsequently in Dattatray, by declaring that when a person secures appointment on the basis of a false certificate, he cannot be permitted to retain the benefit of wrongful appointment. In fact, necessary actions were expected to be taken against those who secured unmerited appointment on the basis of false caste certificate”.
“The ratio in Milind (supra) was incorrectly applied in the impugned judgment since it is not the case of the respondent Page 14 of 15 no.1 that he belongs to the ST category. According to our understanding of the circumstances, the High Court instead of granting equitable relief to the Respondent no. 1, should have held that he cannot continue to usurp the benefits meant for a ST category person. Indeed the Division Bench should have said “the game is up” as was pronounced by Shakespeare in the play Cymbeline when the character stood exposed for what he actually was. Consequently we are of the opinion that the Respondent no. 1 being an OBC cannot be retained in a ST category post. However the emoluments paid to him should not be recovered. It is further held that the respondent no.1 is disentitled to any pensionary benefit by virtue of his wrongful appointment”
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