B. H. KHAWAS versus UNION OF INOIA & OTHERS

B. H. KHAWAS versus UNION OF INOIA & OTHERS

The appellant's appointment as Chemical Examiner was provisional and had not attained finality as it was subject to caste certificate verification. Since the Scrutiny Committee determined the appellant did not belong to the Scheduled Tribe, the termination order was valid. Supreme Court protection for final appointments does not apply.

Parties
Appellant: B. H. Khawas; Respondents: Union of India & Others
Jurisdiction
India
Judgment Date
12 August 2016
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Reversing Central Administrative Tribunal Order
Outcome
Appeal dismissed
Legal Topics
Termination of Provisional Appointment, Scheduled Tribe Reservations, Caste Certificate Verification
Service Law Termination of Provisional Appointment Scheduled Tribe Reservations Caste Certificate Verification

Case Brief

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Parties

B. H. Khawas

Appellant

Union of India & Others

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Reversing Central Administrative Tribunal Order

Legal Issues

  1. 1 Whether the appointment of the appellant as Chemical Examiner became final or remained provisional
  2. 2 Whether termination due to invalidity of caste certificate was lawful

Ratio Decidendi

The appellant's appointment as Chemical Examiner was provisional and had not attained finality as it was subject to caste certificate verification. Since the Scrutiny Committee determined the appellant did not belong to the Scheduled Tribe, the termination order was valid. Supreme Court protection for final appointments does not apply.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs