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Supreme Court of India 2024-02-09 allowed

MACHCHED vs UNION OF INDIA AND ORS

Bench: 2 — Bela M. Trivedi, Pankaj Mithal

In Brief

Appellants were enrolled in the Army under the Unit Headquarters Quota in 2009. Three years later, they were dismissed on grounds of fraudulent enrollment using fake relationship certificates. They contended they had applied under the general category, not as relatives of servicemen, and never produced any relationship certificate. The Supreme Court held that the recruitment under the Quota was open to general category candidates, that no material on record showed the appellants produced relationship certificates, and that the discharge orders were invalid for non-consideration of their explanation. The Court found the authorities and Tribunal failed to inquire whether the appellants actually produced the certificates or address their core claim. The appeals were allowed and the appellants were reinstated with all consequential benefits."

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