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Supreme Court of India 2016-08-12 dismissed

B.H. Khawas vs Union of India & Ors

Bench: 2 — A.M. Khanwilkar

In Brief

A civil service employee appointed to the position of Chemical Examiner on a provisional basis subject to caste verification challenged his termination after a Caste Certificate Scrutiny Committee found he belonged to caste 'Koshti' rather than 'Halba' (a Scheduled Tribe). The appellant relied on a Constitution Bench decision protecting appointments made before that judgment. The Supreme Court held that the protection for 'final' appointments does not apply to provisionally appointed staff who were never confirmed. Since the appointment explicitly remained subject to caste verification and was never confirmed, termination upon finding the caste claim invalid was permissible, dismissing the appeal."

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Employment Law Scheduled Castes and Scheduled Tribes Administrative Law Caste Verification Provisional Appointments Service Termination

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