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
- Whether marriage entitled this forward-caste-born employee to the claimed reservation.
- Whether absence of fraud justified protection of employment after invalidation of the caste certificate.
- Whether delay in the employer’s writ appeal should have been condoned.
Held
- The delay of 564 days should have been condoned on the explanation detailing approval and processing steps and the particular consequences for genuine candidates excluded from a reserved public post. The ruling was based on these circumstances, rather than a general exemption for government delay. (¶ 14)
- A person with a forward-caste background did not acquire entitlement to the reserved employment merely by marrying into a Scheduled Caste. The respondent’s certificate was correctly invalidated on the facts and the governing precedents. (¶ 15-18)
- Kavita Solunke and Shalini, relied on to protect continued employment without dishonest intent, had been overruled by the larger Bench in Jagdish Balaram Bahira. For withdrawal of a benefit secured through an invalid caste claim, dishonest intention was not a necessary additional condition. The inquiry and dismissal were not liable to interference as disproportionate. (¶ 19-23)
- The employer’s appeal was allowed and both High Court judgments set aside, resulting in dismissal of the employee’s writ petition. As relief confined to these facts, salary paid for the period actually worked was not to be recovered. (¶ 24-26)
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.