Recently, the division bench of Supreme Court held that individuals who get public employment using fake caste certificates should not receive any protection. The Court overturned a decision by the Orissa High Court, which had instructed a public entity to contemplate reinstating an employee.

The Court determined that the nature of the caste certificate, whether submitted with fraudulent intent or due to a sincere but mistaken belief, is irrelevant. The crucial factor is that intent holds no significance in such cases.

The division bench comprising Chief Justice of India DY Chandrachud and Justice J B Pardiwala held:

“Granting protection to individuals who are ineligible for the post has a deleterious effect on good governance.”

The Court's decision emphasized that affording protection in such circumstances would permit an ineligible individual to acquire access to limited public resources. This action would infringe upon the rights of those genuinely qualified for such benefits, while simultaneously promoting illegality by unjustly conferring advantages upon someone who is ineligible. 

Case Brief -

Back in 1998, the respondent involved secured a job within the Bhubaneswar Development Authority in a position reserved for Scheduled Castes, even though she did not qualify for such a designation. Subsequently, in 2011, an investigation was done to check employee's caste status. She asserted that despite being born into a Brahmin family, she gained Scheduled Caste classification subsequent to her marriage to an individual belonging to the SC category in 1993.