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Supreme Court of India 2020-01-27 allowed

The Oriental Insurance Co. Ltd vs Pradip and Anr

Bench: 2 — Dhananjaya Y Chandrachud, K M Joseph

In Brief

The Oriental Insurance Co. Ltd appointed an employee (first respondent) claiming membership in the Dhangad Scheduled Tribe, but investigation revealed he belonged to the Dhangar community (non-scheduled). A Scrutiny Committee invalidated his caste claim. The High Court granted service protection citing an earlier Full Bench judgment (Arun Sonone). The Supreme Court held that the High Court's judgment was unsustainable because the Arun Sonone decision had been overruled by the three-judge FCI judgment, which established that falsely claimed reserved appointments are void ab initio and employees cannot be granted service protection. The appeal was allowed and the High Court's order was set aside.

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Scheduled Tribes Reservation Caste Certificate Service Protection Constitutional Law Administrative Law Fraud and Misrepresentation Scrutiny Committee Writ Petitions

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