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Documents citing Bhubaneswar Development Authority vs Madhumita Das on 2 May, 2023

P M Joseph vs Union Of India Represented By The ... on 14 January, 2026

The decision of the Hon'ble Supreme Court in the case of Bhubaneswar Development Authority vs. Madhumita Das, (2023) KHC Online 6794 and Chairman and Managing Director, Food Corporation of India vs. Jagdish Balaram Bahira, 2017 (8) SCC 670 are absolutely clear and binding. Once that claim/stand to be a member of Scheduled Tribe community is voided, entry into the service on the basis of reservation granted to a member of Scheduled Tribe community would also be voided.
Central Administrative Tribunal - Ernakulam Cites 12 - Cited by 0 - Full Document

Ravindra S/O Bhanudas Ingle vs The Vice-Chairman/Member - Secretary, ... on 15 October, 2024

20. Learned Assistant Government Pleader relied on Bhubaneswar Development Authority Vs. Madhumita (supra), wp 2687-2021 +1.odt 21/26 however, the facts are distinguishable from the facts involved in the present matter, wherein, respondent joined services against a post reserved for women belonging to Scheduled Caste on the basis of caste certificate issued by Tahsildar. The appellant requested the Sub Collector to enquire into the veracity of the caste certificate on the ground that the high school certificate and provisional marksheet of the first respondent at the 12 th standard examination revealed that she was 'Brahmin'. The Tahsildar issued a notice to show cause to the first respondent, in her response the first respondent stated that she was born into 'Brahmin' family, however, she claimed to have attain the status of a Scheduled Caste upon her marriage to a person belongings to a Scheduled Caste. In view of that matter, the Hon'ble Apex Court upheld the cancellation of certificate and order of conducting a disciplinary enquiry. In the present matter, though Scrutiny Committee raised doubt over the genuineness of the certificate, however, proceeded to pass order on merit by appreciating the wp 2687-2021 +1.odt 22/26 evidence on record. In our considered opinion, the evidence and documents placed on record including pre-independence document, there is no doubt that the petitioner and her forefathers belong to 'Thakur' Scheduled Tribe. As such, even if, there is some deficiency or error in the certificate issued, the same will never preclude the petitioner to obtain fresh certificate as per Act and Rules.
Bombay High Court Cites 4 - Cited by 0 - M S Jawalkar - Full Document

Vidya S/O Bhandudas Ingle vs The Vice-Chairman/Member Secretary, ... on 15 October, 2024

20. Learned Assistant Government Pleader relied on Bhubaneswar Development Authority Vs. Madhumita (supra), wp 2687-2021 +1.odt 21/26 however, the facts are distinguishable from the facts involved in the present matter, wherein, respondent joined services against a post reserved for women belonging to Scheduled Caste on the basis of caste certificate issued by Tahsildar. The appellant requested the Sub Collector to enquire into the veracity of the caste certificate on the ground that the high school certificate and provisional marksheet of the first respondent at the 12 th standard examination revealed that she was 'Brahmin'. The Tahsildar issued a notice to show cause to the first respondent, in her response the first respondent stated that she was born into 'Brahmin' family, however, she claimed to have attain the status of a Scheduled Caste upon her marriage to a person belongings to a Scheduled Caste. In view of that matter, the Hon'ble Apex Court upheld the cancellation of certificate and order of conducting a disciplinary enquiry. In the present matter, though Scrutiny Committee raised doubt over the genuineness of the certificate, however, proceeded to pass order on merit by appreciating the wp 2687-2021 +1.odt 22/26 evidence on record. In our considered opinion, the evidence and documents placed on record including pre-independence document, there is no doubt that the petitioner and her forefathers belong to 'Thakur' Scheduled Tribe. As such, even if, there is some deficiency or error in the certificate issued, the same will never preclude the petitioner to obtain fresh certificate as per Act and Rules.
Bombay High Court Cites 4 - Cited by 0 - M S Jawalkar - Full Document

Naba Kishore Nayak vs National Aluminium Company Limited on 13 September, 2024

12. According to the applicant, he has challenged the SLSC report before the Hon'ble High Court of Orissa knowing fully well that as long as said report stands, dismissal order is justified. No protection should be given to persons who secure public employment through false caste certificates. It is immaterial whether the caste certificate was submitted fraudulently or due to a genuine mistaken belief. Intent is of no consequence. Granting protection to individuals who are ineligible for the post has a deleterious effect on good governance. 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 is the law of the land as held by the Hon'ble Apex Court in the case of Bhubaneswar Development Authority Vs Madhumita Das & Ors. Employment, 2023 LiveLaw (SC) 644.
Central Administrative Tribunal - Cuttack Cites 16 - Cited by 0 - Full Document

Anand Sheshman Patel vs The Registrar North Maharashtra ... on 25 June, 2024

Suffice for the purpose to observe that it has been followed in the latest decision in the matter of Bhubneswar Development Authority Vs. Madhumita Das and others reported in 2023 LiveLaw (SC) 644 cited by the learned advocate for the petitioner. In fact, she was seeking to derive some benefit from this decision, but we fail to comprehend as to how the petitioner in the facts and circumstances could derive any benefit when rather it is other way round.
Bombay High Court Cites 12 - Cited by 0 - M S Patil - Full Document

D.Ramanjaneyulu,Ananthapur vs S.C.R,Gm,Secbad, 5 on 19 July, 2024

"22. This Court further held that granting protection to individuals who are ineligible for the post has a deleterious effect on good governance as it: (i) allows an ineligible person to gain access to a scarce public resource (public employment); (ii) violates the rights of eligible persons; and Hi) perpetuates illegality by unduly bestowing benefits on an ineligible person.
Andhra Pradesh High Court - Amravati Cites 6 - Cited by 0 - Full Document

Rajive Nandan Mourya vs The State Of Bihar on 28 October, 2024

In yet another decision of the Hon'ble Supreme Court in the case of Bhubaneswar Development Authority vs. Madhumita Das and Others reported in 2023 SCC Online SC 977, first respondent therein was appointed on 17.10.1998 to the post of Junior Assistant under Scheduled Castes category. Her Scheduled Castes certificate was cancelled on 16.08.2011, thereafter, she was subjected to disciplinary proceedings under CCA Rules and proceeded to dismiss her from service on 13.03.2012. Even on perusal of this decision, it is evident that before imposing of penalty of dismissal from service on the alleged allegations relating to production of false caste certificate one of the requirement is to cancel the caste certificate at the first instance. In the present case, as is evident from second supplementary counter affidavit filed on behalf of the third respondent, it is crystal clear that for cancellation of caste certificate matter is still pending consideration before the committee. The committee is stated to have submitted report. Pursuant to such report, further action is required to be taken by the disciplinary authority or competent authority.
Patna High Court Cites 5 - Cited by 0 - P B Bajanthri - Full Document
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