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Service & Administrative LawSupreme Court of India

Khilendra Singh v. Union of India Ministry of Agriculture Through Secretary and Ors.

Civil Appeal · 2017 INSC 1147Decided 28 Nov 2017
Civil Appeal No. 19862 of 2017
Justice S.A. Bobde · Justice L. Nageswara Rao

Background

The appellant, Khilendra Singh, belonging to the "Jaat" caste/community, was appointed in January 2008 to a post of Subject Matter Specialist (Crop Protection & Crop Psychology) at Vivekananda Parvatiya Krishi Anusandhan Sansthan, Almora, against a vacancy reserved for Other Backward Classes (OBCs), on the strength of an OBC certificate issued by a local Tehsildar. He was later issued a show-cause notice and his appointment was terminated in November 2010 on the ground that "Jaat" was not included in the Central Government's OBC list applicable to his case. His writ petition challenging the termination was dismissed by the High Court of Uttarakhand, leading to this appeal.

Decision Breakdown

The Supreme Court disagreed with the High Court's specific reasoning (that the Uttarakhand state OBC list, rather than the Central List, governed the appointment), but it nonetheless agreed with the High Court's bottom-line conclusion that the appellant was not entitled to the OBC-reserved post. The Court explained that the Central List of OBCs for Uttar Pradesh, prepared in 1993 (and which applied to Uttarakhand before the state's own list was finalised), did not include the "Jaat" caste at the time of the 2007 selection/advertisement; "Jaat" was only added to the Central OBC list for Uttarakhand and several other states in 2014, long after the appellant's 2008 appointment and 2010 termination. Since the appellant did not belong to a recognised OBC category under the list actually in force at the relevant time, his appointment against an OBC-reserved post could not stand, and the appeal was dismissed (while affirming the final result for different legal reasons than the High Court used).

Lesson Learnt

Eligibility for a reserved-category government post depends on whether your caste was included in the official Central OBC list in force at the time of selection: a later addition of your caste to that list (even years before your case is finally decided) does not retroactively validate an appointment made when the list did not yet cover you.

Khilendra Singh v. Union of India Ministry of Agriculture Through Secretary and Ors. – Legal Case Shots | LegalAware