SC: False caste claim voids appointment ab initio; no protection through administrative circulars after FCI judgment

Case Name: The Chief Regional Officer, Oriental Insurance Co. Ltd. v. Pradip & Another
Date of Judgment: JANUARY 27, 2020
Citation: Civil Appeal No. 742 of 2020 (arising out of SLP(C) No. 21619 of 2017)

Bench: Hon’ble Dr. Justice D.Y. Chandrachud and Hon’ble Mr. Justice K.M. Joseph

Held: The Supreme Court held that a candidate securing appointment on the basis of a false caste certificate usurps a benefit intended for genuine reserved category members, and such appointment is void ab initio. Administrative circulars or government resolutions cannot override constitutional or statutory norms or dilute the law laid down in Chairman & MD, FCI v. Jagdish Balaram Bahira (2017) 8 SCC 670. The Bombay High Court’s reliance on its Full Bench decision in Arun Sonone, which stood overruled, was erroneous.

Summary: The respondent had been appointed as Assistant in the Oriental Insurance Company on the strength of a caste certificate claiming Scheduled Tribe (Dhangad) status. Verification revealed he actually belonged to the Dhangar community (a nomadic tribe, not ST). The Scrutiny Committee invalidated his caste claim in 2016. The Bombay High Court, however, protected his service relying on Arun Sonone. On appeal, the Supreme Court ruled that Arun Sonone was unsustainable in light of FCI v. Jagdish Bahira, where it was held that invalidation of a caste certificate necessarily voids appointment irrespective of mens rea. Later two-judge rulings in Barapatre and Nimje were distinguished as confined to peculiar facts where High Court orders had already attained finality before FCI. The Court further clarified that DoPT and CBDT circulars issued in 2019 could not enlarge protection beyond what Article 142 permitted in those specific cases.

Decision: Appeal allowed. High Court judgment dated July 11, 2016 set aside. Respondent’s writ petition dismissed. No costs awarded.