SHALINI versus NEW ENGLISH HIGH SCH. ASSN. & ORS.

Citation: [2013] 12 S.C.R. 807 · Decided: 12-12-2013 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Disposed off
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Judgment (excerpt)

[2013) 12 S.C.R. 807 
SHALINI 
V. 
NEW ENGLISH HIGH SCH. ASSN. & ORS. 
(Civil Appeal No. 10997 of 2013) 
DECEMBER 12, 2013. 
[T.S. THAKUR AND VIKRAMAJIT SEN, JJ.] 
Social Status Certificate: 
A 
B 
Caste certificate - Appointment made on the basis of c 
caste certificate, which subsequently found invalid - Cessation 
of employment or employee entitled to protection and its 
extent - Principles emerging from various judgments of 
Supreme Court - Culled out. 
Scheduled Tribe - "Halba" - "Gadwal Kosh ti" - Appellant D 
appointed on a post earmarked for Scheduled Tribe on the 
basis of caste certificate issued by competent authority -
Caste certificate - Subsequently found invalid by Caste 
Scrutiny Committee - Held: A person who has honestly, in 
- contradistinction with falsely, claimed consanguinity with a 
E 
certain group which was later on found not to belong to an 
envisaged Scheduled Tribe but to a special backward class, 
should not be visited with termination of his/her employment 
and rigours of s. 10 of 2000 Act would not apply to his/her case 
- It is, therefore, directed that the appellant be reinstated in 
F 
service without any back wages - As regards her appointment 
as Headmistress of the School, further directions given -
Maharashtra Scheduled Castes, Scheduled Tribes, De-
notified Tribes, (Vimukta Jatis) Nomadic Tribes, Other 
Backward Classes and Special Backward Category G 
(Regulation of Issuance and Verification of) Caste Certificate 
Act, 2000 - ss.2(a) and 10 - Government of Maharashtra 
Resolution dated 15.6.1995 -
Office Memorandum dated 
10.8.2010 of Government of India, Ministry of Personnel, 
807 
H 
808 
SUPREME COURT REPORTS 
[2013] 12 S.C.R. 
A Public Grievances and Pensions, Department of Personnel 
& Training. 
Precedent: 
Three-Jude Bench - Not overruling two-Judge Bench 
B decisions - Precedent value of such judgments and rule of 
per incuriam - Discussed. 
The appellant was appointed as an Assistant Teacher 
on 6.11.1981, against a vacancy earmarked for Schedule 
c Tribe candidate, on the basis of a caste certificate dated 
8.7.1974 issued by the competent authority testifying her 
to belong to "Halba Scheduled Tribe Category". On 
28.4.1994 she was promoted as Head Mistress subject to 
production of Caste Validity Certificate. The Caste 
0 Scrutiny Committee, by order dated 20.8.2003 held the 
caste certificate of the appellant as invalid. Initially, the 
single Judge of the High Court granted her protection in 
service on the basis of Government Resolution dated 
15.6.1995. However, subsequently, in a writ petition, the 
single Judge by order dated 11.11.2009 set aside the -· 
E reinstatement order passed by the School Tribunal. The 
Division Bench of the High Court affirmed the order dated 
11.11.2009 holding that Dattatray' prohibited extension of 
any protection to the appellant. 
F 
Disposing of the appeal, the Court 
HELD: 1.1. The principles laid down in various 
judgments of this Court relevant for deciding the effect 
on the appointment made on the basis of a caste 
G certificate are culled out as follows: (a) If any person has 
fraudulently claimed to belong to a Scheduled Caste or 
Scheduled Tribe and has thereby obtained employment, 
he would be disentitled from continuing in employment. 
H 1. 
Union of India v. Datlatray 2008 (2) SCR 1096. 
SHALINI v. NEW ENGLISH HIGH SCH. ASSN. 
809 
The rigour of this conclusion has been diluted only in 
A 
instances where the court is confronted with the case of 
students who have already completed their studies or are 
on the verge of doing so, towards whom sympathy is 
understandably extended; (b) It is not the intent of law to 
punish an innocent person and subject him to extremely 
B 
harsh treatment. Where there is some confusion 
concerning the eligibility to the benefits flowing from 
Scheduled Caste or Scheduled Tribe status, such as 
issuance of relevant certificates to persons claiming to 
be 'Koshtis' or 'Halba Koshtis' under the broadband of c 
'Halbas', protection of employment will be available with 
the rider that these persons will thereafter be adjusted in 
the general category thereby rendering them ineligible to 
further benefits in the category of Scheduled Caste or 
Scheduled Tribe as the case may be; (c) this benefit 0 
accrues from the decision of this Court, inter alia, in Raju . 
Ramsing Vasave which was rendered under Art. 142 of 
the Constitution of India. Realising the likely confusion 
in the minds of ev
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