Nageswar Sonkesri Vs. State of MP & Ors

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 32 and 57 of 2011, Judgment Date: Dec 22, 2020

Law laid down - 

[i] The Presidential Notification issued under Article 342(1) specifying the Scheduled Tribe/Scheduled Caste can be amended only by the law made by the Parliament and it cannot be varied by way of administrative circular, judicial pronouncements or by the State. The Presidential order must be read as it is.

[ii] Since “Halba Koshti” is not mentioned as “Scheduled Tribe” in the Presidential order, therefore, it cannot be held to be scheduled tribe.

[iii] The Hon’ble Supreme Court in Milind while protecting the admission of MBBS student had exercised the power under Article 142 of the Constitution, but the position has been clarified in the subsequent judgment in the matter of FCI by holding that if such claims based upon false caste certificate are protected, then credibility of legal system and judicial process will be eroded. [iv] Cases where employment is obtained on the basis of false caste certificate stand on different footing and in such cases the person concerned cannot be allowed to enjoy the benefit of wrong committed by him.

[v] If the appointment is obtained on the basis of the false/forged caste certificate, then such an appointment is void ab initio and is liable to be cancelled.

Nageswar Sonkesri Vs. State of MP & Ors