LAW FOR ALL

Service matter - Caste certificate - Schedule Tribe Halba - the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short, ‘2000 Act’) - Termination of service - Tribunal reinstated as they shall not get any benefit of reservation after 28.11.2000 as per Act but not retrospective - single judged confirmed the same - D.B bench negatived the same basing on Dattatreya 3 bench judge of Apex court - Apex court held that since Dattatreya not overruled the number of judgments of two benches of Apex court who order for reinstatement when there was no fraud on the employee in getting job on reservation and obtaining caste certificate - and as the Dattaterya case was based only on the fraud played by employee in obtaining caste certificate - Apex court set aside the D.B. bench high court judgment and order for reinstatement with a clause that she will not get any promotions on the base of reservation as mentioned in Maharashtra Act 2000 = Shalini …..Appellant Versus New English High Sch. Assn. & Ors. …..Respondents = published in judis.nic.in/supremecourt/filename=41077