Terminate jobs, studies of those faking caste: SC
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DhananjayMahapatra
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New Delhi
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The Supreme Court on
Thursday ruled that those using fake caste certificates to avail of
quota for admissions to educational institutions or getting government
jobs must lose the benefit the moment the forgery is discovered.
Despite clear directions from the SC to adopt “zero tolerance“ against
those using fake certificates to illegally usurp seats in educational
institutions and government jobs, there have been instances where HCs
have permitted such persons to continue in their jobs because they had
put in several years in service. In other instances, HCs have permitted
students to complete studies after paying fine for using fake caste
certificate to gain entry into educational institutions.
Settling a major issue in determining castes which belong to the scheduled category in Maharashtra, a bench of CJI J S Khehar and Justice D Y Chandrachud said leniency by the HCs must stop forthwith as those who used fake caste certificates had criminal intent to usurp the benefits reserved for persons belonging to oppressed and socially and educationally backward commu nities.
Writing the judgment for the bench, Justice Chandrachud said leniency to such people would amount to depriving a genuine beneficiary of his her dues. He said the person found usurping benefits with fake caste certificate must face prosecution.
The issue for consideration before the bench arose from Maharashtra, where a full bench of the Bombay HC had held that even when the caste certificate was invalidated by the SC, the person who used this to get the job could continue in service considering the long period he had spent in the job. This judgment had a spiralling effect as smaller benches followed this to grant similar benefit.
Setting aside Bombay HC's judgment, the SC bench reminded HCs that in1994, the SC had cancelled the admission of one Kumari Madhuri Patil midway through her BDS course after the scrutiny committee found her caste certificate to be forged.
“It is true that the applications for admission to educational institutions are generally made by a parent, since on that date many a time the student may be a minor. It is, therefore, necessary that the certificates issued are scrutinised at the earliest .“
Settling a major issue in determining castes which belong to the scheduled category in Maharashtra, a bench of CJI J S Khehar and Justice D Y Chandrachud said leniency by the HCs must stop forthwith as those who used fake caste certificates had criminal intent to usurp the benefits reserved for persons belonging to oppressed and socially and educationally backward commu nities.
Writing the judgment for the bench, Justice Chandrachud said leniency to such people would amount to depriving a genuine beneficiary of his her dues. He said the person found usurping benefits with fake caste certificate must face prosecution.
The issue for consideration before the bench arose from Maharashtra, where a full bench of the Bombay HC had held that even when the caste certificate was invalidated by the SC, the person who used this to get the job could continue in service considering the long period he had spent in the job. This judgment had a spiralling effect as smaller benches followed this to grant similar benefit.
Setting aside Bombay HC's judgment, the SC bench reminded HCs that in1994, the SC had cancelled the admission of one Kumari Madhuri Patil midway through her BDS course after the scrutiny committee found her caste certificate to be forged.
“It is true that the applications for admission to educational institutions are generally made by a parent, since on that date many a time the student may be a minor. It is, therefore, necessary that the certificates issued are scrutinised at the earliest .“
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