VidhiSangh

Supreme Court of India · 02/05/2023

BHUBANESWAR DEVELOPMENT AUTHORITY versus MADHUMITA DAS AND ORS.

[2023] 6 S.C.R. 590 · 2023 INSC 728

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Summary

The Court upheld dismissal of an employee who obtained a Scheduled Caste reserved post on a certificate founded on marriage despite having been born into a forward caste. Absence of fraudulent intention did not preserve employment after invalidation of the caste claim. The High Court’s reinstatement-reconsideration directions were set aside, but salary for service actually rendered was protected from recovery.

Issues

  1. Whether marriage entitled this forward-caste-born employee to the claimed reservation.
  2. Whether absence of fraud justified protection of employment after invalidation of the caste certificate.
  3. Whether delay in the employer’s writ appeal should have been condoned.

Held

Result

Appeal allowed; High Court judgments set aside and employee’s writ petition dismissed. Dismissal from service sustained, with no recovery of salary for work actually performed.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 590.