A bench of Chief Justice J S Khehar and Justice D Y Chandrachud set aside a Bombay High Court judgement which had held that the public servants, whose caste certificate is found to be fake, can be granted protection and allowed to remain in service if he or she has spent sufficient time in the job.
The verdict came on a batch of petitions including the one filed by the Maharashtra government against the Bombay High Court's December 2014 judgement.
The apex court, however, said that the findings of its verdict would not be made applicable with retrospective effect and would be applied now onwards.
The three-judge bench of the high court had framed two questions including "whether the relief of protection of service after invalidation of the caste claim can be granted by the high court" on the basis of a 2012 apex court judgement and if the answer is 'yes', then can such relief of protection of service be granted to them whose cases have already been rejected by it."
The high court had answered in affirmative to the first question and held that mere invalidation of caste certificate by the state scrutiny committee would not lead to cessation of service of the errant employee who had got the job on the basis of fake certificates.