Cause Title: K. Nirmala & Ors. vs. Canara Bank & Anr.
Case Number: Civil Appeal No(s). of 2024 (Arising out of SLP(Civil) No(s). 13484-13488 of 2019)
Judgment Date: August 28, 2024
Quorum/Bench: Justice Hima Kohli and Justice Sandeep Mehta
"At the outset, it is to be noted that there is no dispute over the fact that the appellants obtained their Caste Certificates(under the Scheduled Castes category) by following the due process of law. When these Caste Certificates were issued, the synonymous caste, as of the appellants had been included in the list of Scheduled Castes by virtue of the circular issued by the Government of Karnataka, albeit by exercising powers that were not vested in the State. [Para 25]"
The appellants argued that their caste certificates were validly issued by competent authorities based on state government circulars. They sought protection of their services, conceding that they would not be entitled to future reserved category benefits.
The respondents contended that the appellants had procured employment based on false caste certificates. They argued that state government circulars protecting such employees did not apply to central government undertakings and cited a 2013 Office Memorandum.
"As held by the Constitution Bench in Milind(supra), any inclusion or exclusion in or from the list of Scheduled Castes can only be made through an Act of Parliament under Articles 341 and 342 of the Constitution of India. As a corollary thereto, neither the State Government nor the Courts have the authority to modify the list of Scheduled Castes as promulgated by the Presidential order under the above Articles.[Para 26]"
The Court noted that the appellants obtained their caste certificates through due process based on state government circulars, albeit issued under a legal misconception. It recognized the state government's pragmatic decision to protect employment of individuals benefited by these certificates while discontinuing future reserved category benefits.
"The circulars dated 11th March, 2002 and 29th March, 2003 were issued by the Government of Karnataka whereby, protection was extended to the persons who had taken advantage of the Caste Certificates issued prior to issuance of the letter dated 12th March, 1987, by the Ministry of Finance, Government of India. Subsequently, the Ministry of Finance, Government of India vide office memorandum dated 17th August, 2005 also ratified this decision of the State, and extended the protection granted by the Government of Karnataka to the employees of the respondent No.1-bank.[Para 29]"
The Supreme Court allowed the appeals, quashing the termination notices issued to the appellants. It held that the appellants were entitled to protection of their services by virtue of the Government of Karnataka circular dated March 29, 2003, as ratified by the Ministry of Finance communication dated August 17, 2005. The Court emphasized that while the appellants' caste certificates were deemed invalid following de-scheduling, their existing employment should be protected, treating them as general category candidates for future purposes.
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