basis of a caste certificate can be
protected after his/her caste certificate is invalidated
by the Competent Caste Scrutiny Committee duly
constituted under ... said Kavita was claiming that her caste was
Halba which is a Scheduled Tribe. The Caste Scrutiny Committee
invalidated the caste claim by observing that
upon investigation been found to be invalid.
Despite the invalidation of the claim to belong to a Scheduled Caste or, as the
case ... 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
purpose of scrutiny of the Caste Certificates, declaring the Caste Certificate of such Councillor to be invalid and cancelling the same, on the ground ... shall be disqualified consequent upon the Caste Verification Committee declaring the Caste Certificate of such candidate to be invalid and cancelling the same
referred to the Caste Scrutiny Committee even after the reasonable period of two years and if the Caste Scrutiny Committee invalidates the caste claim ... invalidation of the caste claim by the Caste Scrutiny Committee in a given case may not be ipso facto invalid. However, while considering each case
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 ... that he did not belong to a Scheduled
Tribe and, therefore, invalidated the caste certificate. Following
the termination of his services the first respondent moved
managements have taken action against the petitioner
based upon the subsequently invalidated caste certificates.
The Full Bench interpreted the operative part of the
Constitution Bench ... obligation to follow the Supreme Court's judgments.
The Caste invalidation - no Reservation/Protection to continue
26. We are confronted with the judgments given
found
to be false and is invalidated is a
necessary consequence which flows from the
invalidation of the caste claim and no
issue of retrospectivity ... caste
certificate dated 13 May 1982 stating that
he belongs to the Halba Scheduled Tribe.
The caste claim of the Appellant was
invalidated
found
to be false and is invalidated is a
necessary consequence which flows from the
invalidation of the caste claim and no
issue of retrospectivity ... caste
certificate dated 13 May 1982 stating that
he belongs to the Halba Scheduled Tribe.
The caste claim of the Appellant was
invalidated
passed by the
Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Nagpur,
invalidating caste claim of the petitioner as belonging to Halba - Scheduled
Tribe, has also ... status as belonging to Halba - Scheduled
Tribe. Right to challenge order invalidating caste certificate is given up
with knowledge that Respondent Employer as also Caste
made.
24. ...If the Caste Certificate is cancelled by the Caste Scrutiny Committee, it obviously means that the Caste Certificate has been obtained by that ... scheduled caste or scheduled tribe in any locality which has been divided upon reorganization of States and his caste is recognised as Scheduled Caste/Scheduled