2016 (9) TMI 165 - SC - Indian Laws

Eligibility of appointment - caste reference - Whether the subject appointment of the appellant to the post of Chemical Examiner in Customs and Central Excise Department has in fact become final? - held that - In none of the cases pressed into service by the appellant, the appointment, as in this case, was on provisional basis and subject to verification of caste certificate through proper channel. It necessarily follows that the principle expounded in the three decisions referred to above, can have no application to the case on hand. Indubitably, if the argument of the appellant was accepted, it would inevitably mean that all appointments made before 28.11.2000 must be protected even though it had not become final. That would also mean that all caste certificates issued to persons belonging to Koshti community, as being Halba Scheduled Tribe in Maharashtra, prior to November 28, 2000 (the day on which Milind s case was decided by the Constitution Bench), have been validated irrespective of the opinion of the Scrutiny Committee qua those certificates. That cannot be countenanced. For, caste Koshti is neither a synonym nor part of a notified Scheduled Tribe Halba in Maharashtra. Considering the above, the appellant is not entitled for any relief on the finding that his appointment as Chemical Examiner in the Customs and Central Excise Department vide appointment letter dated 16th June, 1995 had not attained finality. Notably, the Caste Certificate Scrutiny Committee has finally answered the factum of caste claim of the appellant on the basis of relevant material, which is indicative of the fact that in the relevant official record pertaining to even the close relatives of the appellant (grandfather and uncle), the caste recorded is Koshti and occupation shown as weaving separately. The appellant has allowed that decision of the Caste Certificate Scrutiny Committee dated 10th February, 2003/22nd April, 2004 to attain finality. The Scrutiny Committee has unambiguously held that the appellant does not belong to Halba Community, a notified Scheduled Tribe in Maharashtra. The High Court was, therefore, right in allowing the writ petition filed by the Department and to restore the termination order dated 8th June, 2004.

Summary

Issues Involved:
1. Validity of the appellant's caste certificate.
2. Provisional nature of the appellant's appointment.
3. Applicability of the Supreme Court's decision in Milind's case.
4. Finality of the appellant's appointment.
5. Interpretation of the Constitution Bench's decision in Milind's case.
6. The role of the Caste Certificate Scrutiny Committee.

Detailed Analysis:

1. Validity of the Appellant's Caste Certificate:
The appellant was appointed as "Chemical Examiner Grade-I" in the Customs and Central Excise Department, subject to verification of his Scheduled Tribe certificate. The Caste Certificate Scrutiny Committee concluded that the appellant belonged to the caste "Koshti," which is not a Scheduled Tribe in Maharashtra. This decision was upheld by the High Court, which reversed the Central Administrative Tribunal's decision to reinstate the appellant.

2. Provisional Nature of the Appellant's Appointment:
The appellant's appointment was provisional and subject to verification of his caste certificate. The appointment letter explicitly stated that if the caste claim was found to be false, the services would be terminated without assigning any reason. The Scrutiny Committee's decision that the appellant did not belong to the Scheduled Tribe "Halba" led to the termination of his services.

3. Applicability of the Supreme Court's Decision in Milind's Case:
The appellant argued that his appointment should be protected under the Supreme Court's decision in Milind's case, which protected appointments and admissions that had become final. However, the High Court and the Supreme Court found that this principle did not apply to the appellant's case, as his appointment was provisional and had not attained finality.

4. Finality of the Appellant's Appointment:
The Supreme Court emphasized that the appellant's appointment had not become final. Unlike his previous appointment as an "Assistant Chemist," which was confirmed, his appointment as "Chemical Examiner Grade-I" was provisional and subject to caste verification. The Court found no evidence that the appointment was treated as final by the Department before the termination order was issued.

5. Interpretation of the Constitution Bench's Decision in Milind's Case:
The Supreme Court clarified that the last sentence in paragraph 38 of Milind's case, which protected final appointments and admissions, did not apply to provisional appointments. The Court noted that the appellant's appointment was provisional and subject to verification, and thus, the protection offered in Milind's case was not applicable.

6. The Role of the Caste Certificate Scrutiny Committee:
The Caste Certificate Scrutiny Committee's role was crucial in determining the validity of the appellant's caste claim. The Committee's final decision, based on relevant material, was that the appellant did not belong to the "Halba" Scheduled Tribe. The appellant did not challenge this decision, allowing it to attain finality. Consequently, the High Court's decision to restore the termination order was upheld by the Supreme Court.

Conclusion:
The Supreme Court dismissed the appeal, finding no merit in the appellant's arguments. The Court upheld the High Court's decision to restore the termination order, emphasizing that the appellant's appointment was provisional and had not attained finality. The Caste Certificate Scrutiny Committee's decision that the appellant did not belong to the "Halba" Scheduled Tribe was decisive in this case.