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

Bhubaneswar Development Authority vs Madhumita Das on 2 May, 2023

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.
Supreme Court - Daily Orders Cites 9 - Cited by 0 - Full Document

Chairman And Managing Director Fci vs Jagdish Balaram Bahira on 6 July, 2017

21. Learned Counsel for the petitioner relied on Chairman and Managing Director of FCI and others (supra), in support of her contention that even if, there is any mistake or error in the certificate that does not preclude her from obtaining certificate as per provisions of law and to establish her claim that she belongs to 'Thakur' Scheduled Tribe category. Therefore, even though the certificate is cancelled, she ought to have been granted opportunity to furnish fresh certificate on the basis of documentary evidence, which was duly supplied by her and duly wp 2687-2021 +1.odt 23/26 established, therefore, there is no fraudulent intention to secure job on the basis of false certificate or false tribe claim.
Supreme Court of India Cites 70 - Cited by 380 - D Y Chandrachud - Full Document
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