Document Fragment View

Matching Fragments

3. The respondent herein, Suresh Ramkrishna Burde, claiming himself to be belonging to Halba Scheduled Tribe and after submitting a certificate to the said effect, got an appointment in the Bharat Heavy Electricals Ltd., Hyderabad, as Clerk on 31.5.1982 on a post which was reserved for a person belonging to Scheduled Tribe. He was promoted as Assistate Grade II on 27.6.1987 and then as Assistant Grade I on 25.6.1994. The Scheduled Tribes Employees Association (Regd. No. 290 BHEL), Hyderabad, made a complaint that the respondent and several others had produced false caste certificates and had thereby got appointment on vacancies which were reserved for members of Scheduled Tribes. The caste certificate produced by the respondent was referred for verification to District Collector, Nagpur, on 30.3.1991 and also to the Chairman, Scheduled Tribe Caste Certificate Scrutiny Committee (for short 'the Scrutiny Committee'). The Scrutiny Committee vide order 30.8.1995 held that the caste certificate produced by the respondent was false and the same was invalidated. The respondent challenged the said order by filing writ petition No. 3229 of 1995 before the Nagpur Bench of Bombay High Court, which was allowed and the matter was remanded back to the Scrutiny Committee for a fresh consideration in accordance with law. The Scrutiny Committee again examined the matter in accordance with the direction of the High Court and also got an enquiry conducted through its Police Vigilance Cell. The enquiry committee took into consideration the primary school record of the respondent and also extracts of the admission register of the school where the respondent's real paternal cousin had his primary education in the year 1945 onwards. The Scrutiny Committee vide its report dated 29.8.2001 found that the respondent belonged to 'Koshti' caste and he did not belong to Halba Scheduled Tribe. This order was again challenged by the respondent by filing writ petition No. 3628 of 2001 before the Nagpur Bench of Bombay High Court wherein an interim stay was granted in favour of the respondent on 1.11.2001. The writ petition was finally disposed of on 17.2.2004 and the relevant portion of the order is being reproduced below: -

6. There is no dispute on facts. After receiving complaints about the caste certificate produced by the respondent the appellant referred the matter for verification to the District Collector, Nagpur on 30.3.1991 and also to the Scrutiny Committee. The Scrutiny Committee, after thorough verification, passed order on 30.8.1995 that the respondent did not belong to the Scheduled Tribe and the caste certificate submitted by him was false. This order was challenged by the respondent and the High Court in writ petition No. 3229 of 1995 remanded the matter back to the Scrutiny Committee for fresh consideration. The Scrutiny Committee again conducted the enquiry through its Police Vigilance Cell associated with the research officer and after thorough examination of the entire material again passed an order on 29.8.2001 that the caste of the respondent was 'Koshti' and he did not belong to Scheduled Tribe. This order was again challenged by the respondent by filing writ petition No. 3628 of 2001. However, at the time of hearing of the writ petition the petitioner sought leave of the court to withdraw the writ petition with liberty to approach the employer by making a representation. The writ petition was accordingly dismissed as withdrawn on 17.2.2004. The effect of the order passed by the High Court is that the order dated 29.8.2001 of the Scrutiny Committee, by which it was held that the respondent belonged to 'Koshti' caste and he is not a member of Scheduled Tribe, attained finality. Therefore, there is no escape from the conclusion that the respondent secured the appointment on a post which was reserved for Scheduled Tribe by producing a false caste certificate.

"15. This apart, the appellant obtained the appointment in the service on the basis that he belonged to a Scheduled Caste community. When it was found by the Scrutiny Committee that he did not belong to the Scheduled Caste community, then the very basis of his appointment was taken away. His appointment was no appointment in the eyes of law. He cannot claim a right to the post as he had usurped the post meant for a reserved candidate by playing a fraud and producing a false caste certificate. Unless the appellant can lay a claim to the post on the basis of his appointment he cannot claim the constitutional guarantee given under the Article 311 of the Constitution. As he had obtained the appointment on the basis of a false caste certificate he cannot be considered to be a person who holds a post within the meaning of Article 311 of the Constitution of India, Finding recorded by the Scrutiny Committee that the appellant got the appointment on the basis of false caste certificate has become final. The position, therefore, is that the appellant has usurped the post which should have gone to a member of the Scheduled Caste. In view of the finding recorded by the Scrutiny Committee and upheld upto this Court he has disqualified himself to hold the post. Appointment was void from its inception.............................."

11. The principle, which seems to have been followed by this Court is, that, where a person secures an appointment on the basis of a false caste certificate, he cannot be allowed to retain the benefit of the wrong committed by him and his services are liable to be terminated. However, where a person has got admission in a professional course like engineering or MBBS and has successfully completed the course after studying for the prescribed period and has passed the examination, his case may, on special facts, be considered on a different footing. Normally, huge amount of public money is spent in imparting education in a professional college and the student also acquires the necessary skill in the subjects which he has studied. The skill acquired by him can be gainfully utilized by the society. In such cases the professional degree obtained by the student may be protected though he may have got admission by producing a false caste certificate. Here again no hard and fast rule can be laid down. If the falsehood of the caste certificate submitted by the student is detected within a short period of his getting admission in the professional course, his admission would be liable to be cancelled. However, where he has completed the course and has passed all the examinations and acquired the degree, his case may be treated on a different footing. In such cases only a limited relief of protection of his professional degree may be granted.