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february 2008

Supreme Court of India · 2008-02-15

Union Of India (Uoi) vs Dattatray S/O Namdeo Mendhekar And Ors.

Citation / case number
2008(2)AWC1600(SC)
Court
Supreme Court of India
Petitioner
Union Of India (Uoi)
Respondent
Dattatray S/O Namdeo Mendhekar And Ors.
Author
K.G. Balakrishnan
Bench
K.G. Balakrishnan, C.K. Thakker, R.V. Raveendran

Judgment text excerpt

The Supreme Court upheld the order of the Scrutiny Committee invalidating the first respondent's claim to belong to the 'Halba' tribe, ruling that he is not entitled to Scheduled Tribe benefits. The Court clarified that the precedent set in State of Maharashtra v. Milind does not apply to employment cases based on false caste claims, emphasizing that such employment must be canceled to allow rightful candidates access to reserved positions. The Court held that the High Court erred in allowing the first respondent to continue in service despite the invalidation of his tribe claim, reinforcing the principle that false claims cannot confer benefits.

Union Of India (Uoi) vs Dattatray S/O Namdeo Mendhekar And Ors. · Niyam