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january 2020

Supreme Court of India · 2020-01-27

The Chief Regional Office The Oriental ... vs Pradip

Citation / case number
AIR 2020 SUPREME COURT 4858
Court
Supreme Court of India
Petitioner
The Chief Regional Office The Oriental ...
Respondent
Pradip
Author
D.Y. Chandrachud
Bench
K M Joseph, Dhananjaya Y Chandrachud

Judgment text excerpt

The Supreme Court held that the appointment of the first respondent as an Assistant was void ab initio due to the invalidation of his claim to belong to the Dhangad Scheduled Tribe, as established by the Scrutiny Committee's findings. The Court emphasized that a candidate appointed on the basis of a false claim to a reserved category cannot retain their position once the claim is invalidated, referencing the precedent set in Chairman and Managing Director, Food Corporation of India v Jagdish Balaram Bahira. Consequently, the High Court's order to protect the first respondent's services was overturned, affirming the principle that appointments based on fraudulent claims are nullified.

The Chief Regional Office The Oriental ... vs Pradip · Niyam