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Learned counsel for the private respondent no.9 further cites an unreported Division Bench judgment of this Court dated September 22, 2017 in FMA 607-608 of 2010 (Sri Biswajit Das Vs. The State of West Bengal and others) for the proposition that if either on a complaint by any person or suo motu, the certificate issuing authority, upon recording a prima facie satisfaction that a certificate under the 1994 Act had been obtained by any person by furnishing any false information or by misrepresenting any fact or by suppression of any material information or by producing any document which is an act of forgery, may start proceedings for cancellation, impounding or revocation of the certificate, as the case may be. It was further held in the said judgment that when a person who is not a member of scheduled caste/tribe obtained a false certificate with a view to gain undue advantage to which he is/was not otherwise entitled, that would amount to commission of fraud, calling for immediate corrective action so as to prevent subversion of the Constitutional purpose and no leniency can be shown. It was further held that the prayer, that the matter therein ought to have been referred to the committee-in-question, need not be allowed in view of the other point raised in the said case, that the certificate issuing authority had assigned appropriate reasons for cancellation of the certificate issued in favour of the appellant.

(4) The Committee shall meet at such place and time, and the meeting shall be conducted in such manner, as may be prescribed. (5) All orders or directions of the Committee shall be authenticated by the Chairperson or by such officer of the Committee as may be authorised by the Chairperson on this behalf.

9. Power to cancel, impound or revoke certificate.- (1) If the certificate issuing authority is satisfied that a certificate under this Act has been obtained by any person by furnishing any false information or by misrepresenting any fact or by suppressing any material information or by producing any document which is an act of forgery, it may cancel, impound or revoke such certificate in such manner as may be prescribed.

(2) Notwithstanding anything contained in sub-section (1), if the Committee is satisfied that a certificate under this ct has been obtained by any person by furnishing any false information or by misrepresenting any fact or by suppressing any material information or by producing any document which is an act of forgery, it may issue a direction to the certificate issuing authority, in such manner as may be prescribed, to cancel, impound or evoke such certificate and, on receipt of such direction, the certificate issuing authority shall, by order in writing, cancel, impound or revoke such certificate.

On the other hand, Section 9 empowers the certificate issuing authority to cancel, impound or revoke the scheduled castes and scheduled tribes certificate if the authority is satisfied that a certificate under the Act has been obtained by any person by furnishing any false information or misrepresentation or suppression of any material information or by producing any document which is an act of forgery. Sub-Rule 2 of Section 9 categorically provides that, notwithstanding anything contained in sub-section (1), if the Committee is satisfied that a certificate under this Act has been obtained by any person by furnishing false information or by misrepresenting any fact or by suppressing any material information or by producing any document which is an act of forgery, it may issue a direction to the certificate issuing authority, in such manner as may be prescribed, to cancel, impound or revoke such certificate and, on receipt of such direction, the certificate issuing authority shall, by order in writing, cancel, impound or revoke such certificate.