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Supreme Court of India 2022-07-11 allowed

Chief Executive Officer, Bhilai Steel Plant, Bhilai vs Mahesh Kumar Gonnade and Others

Bench: 2 — Hrishikesh Roy

In Brief

An employee hired at Bhilai Steel Plant in 1995 based on a Scheduled Tribe caste certificate was later found by a scrutiny committee to actually belong to an OBC (Halba/Koshti) community. The certificate was cancelled and his service terminated. The High Court granted relief citing Milind v. State of Maharashtra, but the Supreme Court held that Milind applied only to educational admissions, not fraudulently secured employment. The Court allowed the appeal, holding that an OBC cannot occupy a post reserved for Scheduled Tribes, though already-paid salaries need not be recovered.

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Constitutional Law Scheduled Castes and Scheduled Tribes Reserved Employment Caste Certification Public Service Administrative Law

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