B. H. KHAWAS versus UNION OF INOIA & OTHERS

Citation: [2016] 3 S.C.R. 773 · Decided: 12-08-2016 · Supreme Court of India · Bench: ADARSH KUMAR GOEL · Disposal: Dismissed

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Judgment (excerpt)

[2016] 3 S.C.R. 773 
B. H. KHAWAS 
V. 
UNION OF !NOIA & OTHERS 
(Civil Appeal No. 9182of2012) 
AUGUST 12, 2016 
[ADARSH KUMAR GOEL AND A.M. KHANWILKAR, JJ.) 
Service Lm1' - Termination of provisional appoinlment prior lo 
confirmation - Validily - Appellant provisionally appointed against 
post reserved for Scheduled Tribe, subject to verification of caste 
cert!fica/e - Caste Cert!flcate Scruliny Committee opined /hat 
appellant did not belong to "Halba" Scheduled Tribe as claimed 
by him, but belonged lo cas/e "Koshti" which was not a Scheduled 
Tribe - Accordingly, department terminated the appointment of 
appellant on ground /hat he did no/ belong lo Scheduled Tribe -
Held: Appointment of appellant was provisional and subject to 
verification of his caste claim of Halba, through proper channel -
Appoinlment in terms of lhe appointment let/er, was to a temporary 
{'Ost and was so treated by the department and thus was not final -
Nothing brought on record by the appellant to show that his post 
1vas treated as c011firmed by the department before issuance of 
termination order 
-High Court right in restoring the termination 
orde1: 
Dismissing the appeal, the Court 
HELD: 1.1 The moot question in the present case is: 
whether the subject appointment of the appellant to the post of 
"Chemical Examiner" in Customs and Central Excise 
Department has in fact become final? Unlike the confirmed 
appointment of the appellant to the post of Assistant Chemist, in 
the Geological Survey of India, his appointment to the post of 
"Chemical Examiner" in the Customs and Central Excise 
Department was provisional and subject to verification of his 
caste claim of "Halba". It was not treated as final by the 
Department till the impugned termination order was issued. 
Nothing has been brought on record by the appellant to show 
that his appointment on that post was in fact treated as confirmed 
773 
A 
B 
c 
D 
E 
F 
G 
H 
774 
A 
B 
c 
D 
E 
F 
SUPREME COURT REPORTS 
[2016] 3 S.C.R .. 
by the con<;.erned Department, before issuing the impugned order 
of termination. [Para 9) [780-D-F) 
l.2. Admittedly, the appellant was appointed to the post of 
Chemical Examiner in the Customs and Central Excise 
Department, pursuant to the appointment letter. Condition No. 
(vii) therein unambiguously mentioned that as the appointment 
of the appellant was against the post reserved for Scheduled 
Tribes, it was provisional and subject to verification of his caste 
certificate through a proper channel. The caste certificate of the 
appellant was already under scrutiny in terms of reference made 
by the Controller General, of the Indian Bureau of Mines, Nagpur, 
where the appellant was appointed in similar manner on the post 
reserved for Scheduled Tribes. Appointment of the appellant as 
Chemical Examiner Grade-I in Customs and Central Excise 
Department in terms of appointment letter, was to a temporary 
post, on provisional basis and subject to verification of his caste 
certificate through a proper channel. [Para 10) [780-H; 781-A-D] 
State of Maharashtra vs. Mi/ind and Others (2001) 1 
SC<; 4: 2000 (5) Suppl. SCR 65 - distinguished. 
Kavita Solu~1ke· v. State of Maharashtra and Ors. (2012) 
8 $CC 430 : 2012 (7) SCR 251; Shalini v. New English ,. 
High School Association and Others (2013) 16 SCC 
526 : 2013 (12) SCR 807; R. Unnikrishnan and Another 
v. T(K. Kahanudevan and Others (2014) 4 SCC 434 :_, 
2014 (1) SCR 350 - held inapplicable. 
· 
Union of India v. Dattatray s/o Namdeo ¥endhekar & 
Ors. (2008) 4 SCC 612 : 2008 (2) SCR 1096 - referred 
to. 
1.3 Appellant not entitled for any relief on the finding that 
his appointment as Chemical Examiner in the Customs and 
Central Excise Department had not attained finality. The Scrutiny 
G 
Committee had. unambiguously held that the appellant does n,ot 
belo.Pg to ."Halba" community, a notified Scheduled Tribe in 
Maharashtra. High Court was right in allowing the writ petition 
filed by the Department restoring the termination order. (Para 
13) (782-E, GJ 
H 
B.H.KHAWAS v. UNION OF INDIA & OTHERS 
Case Law Reference 
2000 (S) Suppl. SCR 6S 
distinguished 
Paras 
2008 (2) SCR 1096 
referred to 
Paras 
2012 (7) SCR 2Sl 
held inapplica hie 
Para 6 
2013 (12 ) SCR 807 
held inapplicable 
Para6 
2014 (1) SCR 350 
held inapplicable 
Para6 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9182 of 
2012. 
775 
A 
B 
From the Judgment and Order dated 08.02.2012 of the High Court 
C 
of Judicature at Bombay 

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