The jobs of government employees and bank staff members who were employed based on their scheduled caste/scheduled tribe (SC/ST) certificates in the 1978-87 period, are safe. The Supreme Court bench comprising Justices Hima Kohli and Sandeep Mehta pointed out that the petitioners had been appointed based on certificates issued by the Karnataka government, which were valid at the time of appointment and in alignment with the laws of the state at the time. Therefore, their jobs had to be protected.
The said employees of Canara Bank, Oriental Insurance Co. and Hindustan Aeronautics (HAL) had secured jobs during the 1978 – 1987 period on the basis of the SC/ST caste certificates they had been given by the Karnataka government.
However, these certificates became invalid post 2001 when the Supreme Court ruled that (State of Maharashtra vs Milind) that only the Parliament had the authority to modify Scheduled Caste/Tribe lists under Articles 341 and 342 of the Constitution.
According to the apex court, the employees’ caste/tribe had been de-scheduled by no fault of theirs. Their job had been given to them basis a valid certificate at the time of appointment. Therefore, their jobs had to be protected, even though they would not be entitled to any benefits meant for the SC/ST category in the future.
The petitioners sought an examination to verify whether the circulars issued by the Karnataka government in 2002 and 2003 were valid or applicable. Additionally, the need to examine an August, 2005 circular that endorsed the Karnataka government’s stand also came up.
The SC maintained that a balance had to be maintained between what the law said about caste classifications and the principles of equality for employees who place their trust in government processes and documents.
