Bank Of India & Anr vs Avinash D. Mandivikar & Ors on 14 September, 2005
14. Be that as it may, when the caste
certificate was issued to the petitioner by the
Tahsildar who is an officer under the State
Government and in that circumstance, as noticed
above, it had been relied on by the Central
Government undertaking, even if the Government
Order dated 11.03.2002 is accepted as not binding
in its strict sense as a direction issued to an
authority who is not subordinate or is not under the
control of the State Government, the nature of the
consideration made in the Order explaining the
circumstance under which the caste certificates
were issued earlier and the extent to which the
benefit of reservation is nullified subsequently,
while saving only the appointment is a relevant
material for the decision to be taken with regard to
the continuation of the employment by denuding the
status of Schedule Tribe when it is not a case of
misrepresentation or playing fraud to obtain the
caste certificate. Such protection of saving the
appointment in any event has been given by the
Hon'ble Supreme Court in the earliest case relating
to Milind (supra), which has been reiterated in the
case of Punjab National Bank (supra).