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1. Leave granted.

2. This judgment shall dispose of both the Civil Appeals bearing Civil of 2004 (arising out of SLP (SIC) No. 18503 of 2000) and Civil Appeal No. of 2004 (arising out of SLP(SIC) No. 12261 of 2001), arisen from a common order dated 28.7.2000 passed by the High Court of Kerala. The former has been tiled by R. Vishwanatha Pillai challenging the order of the High Court wherein the High Court has set aside the order of the Central Administrative Tribunal in which a direction was issued to the State not to remove the appellant from service without complying with the provisions of Article 311 of the Constitution and the rules framed thereunder. High Court held that the appellant was not entitled to the protection provided under Article 311 of the Constitution and the Rules framed thereunder as the appellant had obtained appointment on the basis of false caste certificate and would be deemed not to have been appointed to the service validly ever. The second appeal has been filed by his son Vimal Ghosh V. whose admission to the Regional Engineering College. Calicut has been cancelled on the basis that he obtained admission to the College against the seat reserved for a Scheduled Caste on the basis of false caste certificate. After the passing of the order by the High Court an order removing the appellant from service was passed on 11.10.2000 by the appointing authority.

11. In Kumari Madhuri Patil's case (supra) the admissions were taken by two sisters to the professional courses on the basis of false caste certificate produced by them, which were cancelled after the report submitted by the Verification Committee to the effect that the certificates produced by the appellants therein were false and that the appellants did not belong to the Scheduled Castes Scheduled Tribes. The Court observed that all citizens were to be treated equally. That the Constitution guaranteed to the citizens equality before law and the equal protection of law. Though Articles 14 and 15(1) prohibit discrimination among citizens but Article 15(4) empowers the State to make special provisions for advancement of Scheduled Castes and Scheduled Tribes. Article 16(1) requires equality of opportunity to all citizens in the matters of appointment to an office or a post under the Union or a State Government or a public undertakings etc. But Article 16(4) empowers the State to make provision for reservation of appointments or posts in favour of castes not adequately represented in the services under the State. That the admission wrongly gained or appointment wrongly obtained on the basis of false social status certificate necessarily has the effect of depriving the genuine Scheduled Castes or Scheduled Tribes or OBC candidates as enjoined in the Constitution of the benefits conferred on them by the Constitution. Thereafter the Court laid down the procedure for the grant of social status certificate, its due verification and the examination by the Scrutiny committee of its genuineness. If the certificate was found to be genuine then no farther action was required to be taken but if the caste certificate produced was found to be false or fraudulently obtained then immediate action was required to be taken. The findings recorded by the Scrutiny Committee were made final and conclusive which could not be challenged in any suit or any proceedings except in the High Court under Article 226 of the Constitution of India. The Scrutiny Committee was required to communicate its report under a registered cover to the educational institution as well as the appointing authority. The educational institution or the appointing authority on receipt of the said report was required to cancel the admission/appointment without any further notice to the candidate and debar the candidate from the further study or continue in office in a post. This was done to simplify the procedure for grant of the social status certificate as well as its scrutiny, and, if found to be false the follow-up action to be taken. It was done primarily for quick disposal of such matters so that the genuine Schedules Castes and Scheduled Tribes persons are not deprived of the benefits conferred on them under the Constitution of India and to debar the non genuine Scheduled Castes and Scheduled Tribes from taking advantage of the benefit conferred under the Constitution on the basis of false caste certificate obtained by them by committing a fraud. The persons who had obtained admission or got the appointment on the basis of false caste certificate thereby usurping the seat post reserved for the Scheduled Castes/Scheduled Tribes were required to be weeded out by prompt action. It was held:

15. This apart, the appellant obtained the appointment in the service on the basis that he belonged to a Scheduled Caste community. When it was found by the Scrutiny Committee that he did not belong to the Scheduled Caste community, then the very basis of his appointment was taken away. His appointment was no appointment in the eyes of law. He cannot claim a right to the post as he had usurped the post meant for a reserved candidate by playing a fraud and producing a false caste certificate. Unless the appellant can lay a claim to the post on the basis of his appointment he cannot claim the constitutional guarantee given under the Article 311 of the Constitution. As he had obtained the appointment on the basis of c false caste certificate he cannot be considered to be a person who holds a post within the meaning of Article 311 of the Constitution of India, Finding recorded by the Scrutiny Committee that the appellant got the appointment on the basis of false caste certificate has become final. The position, therefore, is that the appellant has usurped the post which should have gone to a member of the Scheduled Caste. In view of the finding recorded by the Scrutiny Committee and upheld upto this Court he has disqualified himself to hold the post. Appointment was void from its inception. It cannot be said that the said void appointment would enable the appellant to claim that he was holding a civil post within the meaning of Article 311 of the Constitution of India, As appellant had obtained the appointment by playing a fraud he cannot be allowed to take advantage of his own fraud in entering the service and claim that he was holder of the post entitled to be dealt with in terms of Article 311 of the Constitution of India or the Rules framed thereunder. Where an appointment in a service has been acquired by practising fraud or deceit such an appointment is no appointment in law, in service and in such a situation Article 311 of the Constitution is not attracted at all.

18. We agree with the view taken by the Patna High Court in the aforesaid cases.

19. It was then contended by Shri Ranjit Kumar, learned senior counsel for the appellant that since the appellant has rendered about 27 years of service the order of dismissal be substituted by an order of compulsory retirement or removal from service to protect the pensionery benefits of the appellant. We do not find any substance in this submission, as well. The rights to salary, pension and other service benefits are entirely statutory in nature in public service. Appellant obtained the appointment against a post meant for a reserved candidate by producing a false caste certificate and by playing a fraud. His appointment to the post was void and non est in the eyes of law. The right to salary or pension after retirement flow from a valid and legal appointment. The consequential right of pension and monetary benefits can be given only if the appointment was valid and legal. Such benefits cannot be given in a case where the appointment was found to have been obtained fraudulently and rested on false caste certificate. A person who entered the service by producing a false caste certificate and obtained appointment for the post meant for Scheduled Caste thus depriving the genuine Scheduled Caste of appointment to that post does not deserve any sympathy or indulgence of this Court. A person who, seeks equity must come with clean hands. He. who comes to the Court with false claims, cannot plead equity nor the Court would be justified to exercise equity jurisdiction in his favour. A person who seeks equity must act in a fair and equitable manner. Equity jurisdiction cannot be exercised in the case of a person who got the appointment on the basis of false caste certificate by playing a fraud. No sympathy and equitable consideration can come to his rescue. We are of the view that equity or compassion cannot be allowed to bend the arms of law in a case where an individual acquired a status by practising fraud.