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Other Backward Class

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Service matter – Caste certificate – Schedule Tribe Halba – the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short, ‘2000 Act’) – Termination of service – Tribunal reinstated as they shall not get any benefit of reservation after 28.11.2000 as per Act but not retrospective – single judged confirmed the same – D.B bench negatived the same basing on Dattatreya 3 bench judge of Apex court – Apex court held that since Dattatreya not overruled the number of judgments of two benches of Apex court who order for reinstatement when there was no fraud on the employee in getting job on reservation and obtaining caste certificate – and as the Dattaterya case was based only on the fraud played by employee in obtaining caste certificate – Apex court set aside the D.B. bench high court judgment and order for reinstatement with a clause that she will not get any promotions on the base of reservation as mentioned in Maharashtra Act 2000 = Shalini …..Appellant Versus New English High Sch. Assn. & Ors. …..Respondents = published in judis.nic.in/supremecourt/filename=41077

Service matter – Caste certificate – Schedule Tribe Halba –   the Maharashtra Scheduled Castes, Scheduled  Tribes, De-notified  Tribes,  (Vimukta  Jatis)  Nomadic  Tribes,   Other   Backward Classes and Special Backward  Category  (Regulation  of Issuance and Verification of) Caste Certificate Act,  2000  (for short, ‘2000 Act’) – Termination of service – Tribunal reinstated as they shall not get any benefit … Continue reading

We are in this case not concerned with any dispute that is pending before the Scrutiny Committee, this is a case of total non-compliance of the conditions stipulated in the notification (information to the candidates) wherein it has been specifically stated that a candidate claiming to be SC/ST/BC must have a certificate in support of his/her claim from a competent authority specified in the West Bengal Scheduled Caste and Scheduled Tribes (Identification) Act, 1994. In our view, the guidelines in in Kumari Madhuri Patil’s case (supra) or the brochure issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, New Delhi would not override the specific conditions stipulated in the notification (information to the candidates) of compliance of the provisions of the West Bengal Scheduled Caste and Scheduled Tribes (Identification) Act, 1994. In such circumstances we find no error in the decision taken by the Commission in not entertaining the application of the respondent as a member of the ST Community due to non-production of the certificate from the competent authority specified in the above-mentioned Act. 17. The appeal is accordingly allowed and the Judgment of the High Court is set aside. However, we are inclined to record the submission of the learned senior counsel, appearing for the appellant that the respondent would be appointed as a judicial officer in the West Bengal Judicial Service consequent to the examination conducted in the year 2010 since he has produced the Certificate issued by the competent authority under The West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994. Appeal is, therefore, allowed as above, however there will be no order as to costs.

Page 1 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 4282 OF 2013 [Arising out of SLP (Civil) NO.29831 of 2011] REGISTRAR GENERAL, CALCUTTA HIGH COURT .. APPELLANT Versus SHRINIVAS PRASAD SHAH AND OTHERS .. RESPONDENTS J U D G M E M T K. S. Radhakrishnan, J 1. Leave … Continue reading

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