LexCHAIRMAN AND MANAGING DIRECTOR FCI AND ORS. versus JAGDISH BALARAM BAHIRA AND ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
(2017] 11S.C.R,271
CHAIRMAN AND MANAGING DIRECTOR FCI AND ORS.
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v.
JAGDISH BALARAM BAHIRA AND ORS.
(Civil Appeal No. 8928 of2015)
JULY06,2017
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[JAGDISH SINGH KHEHAR, (:j1, N. v. RAMANA AND
DR. D. Y. CHANDRA CI-IUD, JJ.]
...
Constitution of India - Art. 142 - Public employment -
Reservation for Scheduled Caste/Scheduled Tribe - Individuals
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seeking benefit of public employment on the basis of scheduled
caste/scheduled tribe claim - Verification by scrutiny committee -
Invalidation of their caste or tribe claim - Protection by the
constitutional court - Entitlement to - Held: Where benefit is see11red
by an individual such as an appointment to a post or admission to
an educational institution 'on the basis that the candidate belongs
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to a reserved category for which the benefit is reserved. invalidation
of the caste or tribe claim upon verification would result in 'the
appointment or admission being rendered void or non est -
Withdrawal 0{ benefits secured on the basis of the false caste claim
is a necessary consequence - Exception to the above is in those
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cases where this Court exercises its power u!Art. 142 to render
complete justice - Though the pqwer of the Supreme Court u/Art.
142 is a constitutional power vested in the court for rendering
complete justice and is couched in wide terms, the exercise of the
jurisdiction must have due regard to legislative mandate, where a
law such as Maharashtra Act XXlll of 2001 holds the field - Power
u!Art. 142 should not be exercised to defeat the legislative
prescription - Maharashtra Scheduled Castes, Scheduled Tribes,
De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation of Issuance
and Verification) Caste Certificate Act, 2000.
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Maharashtra Scheduled Castes,
Scheduled Tribes,
De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Categ01:v (Regulation of Issuance
and Verification) Caste Certificate .tjct, 2000 - Object and purpose
of the enactment -Held: By Maharashtra Act XXlll of 2001 there is
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272
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SUPREME COURT REPORTS
[2017) l l S.C.R.
a legislative codiflcarion of the hroad principles enunciated in
**Madhuri Patil - Legislation provides a stall/tat:v .framework tu
regulate issuance of casre certijicaie and to deal i.vith instances
where persons did nut belong to schedule caste or tribes ur reserved
categories lvere .v.eeking apfJointnzent or adn1issio11.5 to the detrilnent
of genuine candidates - Basic purpose and rationale for 1he
legislation is to secure the just entitlements of legitimate claimants.
ss. I 0 and 11 -
Individuals seeking benefit of public
employment on the ba:>is of" scheduled caste/scheduled tribe claim -
Invalidation of caste or lribe claim - Withdrmval of /Jene(t1 obtained
- Requirement of dishonest in1ent for the application s. JO - Held:
There is no requirement of" dishonest intent- Mens rea is an ingrediell/
of the penal provisions contained in s.ll ll'hich is prospective and
would apply in those silllotions where the act constituting the offence
has token place a/ter the date of its enforcement.
Operation of the Act - Prospective or retrospective
Application to admissions or appointments made prior to the date
on which the Act came inlO fol"ce - Elucidated.
Circulars/Government Orders/Notifications - Administrative
circulars and government resolutions - Effect of -
Held:
Administrative circ11/ars and government resolutions are s11bservient
to legislative mandate and cannot be contrwy eirher to constitutional
norms or statutory principles - Where ca11didate has obtai11ed an
appointment to a post 011 the basis of a caste certificate and ii is
fo1111d 11po11 verification by the Scr111i11y Committee that rhe claim is
false. the services of such an individual cannot be proiected hy
taking recourse to adn1i11istrative circulars or resolutions -Protection
uj· clai111s uj· a usurper is an ctct <~f deviance to the conslitutiunal
schen1e as J-vell cfs to statuto1:v n1andate.
In the batch of cases, Individuals sought the benefit of public
employment on the basis of a claim to belong to a beneficiary
group. On investigation it was found to be invalid. Notwithstanding
the invalidation of the claim to belong to a Scheduled Caste/
Scheduled Tribe or backward community, this Court's jurisdiction
is invoked.
Issue which arises as to whether sExcerpt shown. Read the full judgment & AI analysis in Lexace.