In Brief
The respondent secured employment as a Management Trainee (Technical) at Bhilai Steel Plant in 1995 under the Scheduled Tribe (ST) reserved category, based on a Halba ST caste certificate. In 2008, questions arose about his caste status. A High-Level Caste Scrutiny Committee found he actually belonged to Halba/Koshti, classified as Other Backward Class (OBC), not ST. His certificate was cancelled and his employment terminated. The High Court set aside the termination, relying on State of Maharashtra v. Milind. The Supreme Court allowed the appeal, holding that persons appointed to reserved posts on false caste certificates cannot retain those positions. While Milind protected educational and medical admissions, Dattatray clarified that wrongful employment in reserved posts must be cancelled. The respondent, being OBC, could not hold an ST-reserved post. However, already-paid emoluments need not be recovered; only pensionary benefits are forfeited.
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