Indian Kanoon - Search engine for Indian Law

(4) Notwithstanding anything contained in any law for the time being in force, a person shall be disqualified for being a member of any statutory body if he has contested the election for local authority, co-operative society, or any statutory body on the seat reserved for any of Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category by procuring a false Caste Certificate as belonging to such Caste, Tribe or Class on such false Caste Certificate being cancelled by the Scrutiny Committee, and any benefits obtained by such person shall be recoverable as arrears of land revenue and the election of such person shall be deemed to have been terminated retrospectively."

wp-8014.12,6323,5196,11518,11740n5098.13

12. Before we consider the effect of Section 10 of the said Act, we must note here that Section 4 of the said Act confers a power on the Competent Authority to issue caste certificates. The said Act is applicable to all the reserved categories such as Scheduled Castes, Scheduled Tribes, De-notified Tribes, Other Backward Classes and Special Backward Classes. Under Section 6 of the said Act, the Scrutiny Committees have been constituted for verification of the caste certificates and for issuing the validity certificates. As per the scheme of the said Act, a caste certificate issued by the Competent Authority in accordance with Section 4 of the said Act is never conclusive and, at the highest, it is only a prima facie evidence of the caste status which is subject to confirmation and verification by the Caste Scrutiny Committee. Section 7 of the said Act confers power on the Caste Scrutiny Committee to confiscate and cancel false caste certificates.

Section 8 of the said Act provides that the burden of proving that a person belongs to a scheduled caste or Scheduled Tribe is on the Claimant.

13. Sub-section (1) of Section 10 of the said Act clearly provides that if a person not being a person belonging to any of the reserved categories to which the said Act is applicable, secures admission to any educational institution against a reserved seat or wp-8014.12,6323,5196,11518,11740n5098.13 secures any appointment on a post which is reserved by producing a false caste certificate shall on cancellation of the caste certificate be liable to be debarred from the concerned educational institution or as the case may be, discharged from the employment forthwith. It also provides that any other benefits enjoyed or derived by virtue of such admission or appointment by such person as aforesaid shall be withdrawn forthwith. Sub-section (2) thereof provides that the amount paid to such person by the Government or any other agency by way of scholarship, grant, allowance or other financial benefit shall be recovered from such person as an arrears of land revenue. Sub-section (3), which is given an overriding effect over the other Acts, provides that any Degree, Diploma or any other educational qualification acquired by such person after securing admission in any educational institution on the basis of a Caste Certificate which is subsequently proved to be false shall also stand cancelled.

wp-8014.12,6323,5196,11518,11740n5098.13

6. In this context, we may also refer to the decisions in Bank of India vs. Avinash D. Mandivikar and BHEL V. Suresh Ramkrishna Burde wherein this Court held that when a person secures 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. In the latter case, this Court explained Milind thus (Suresh Ramkrishna Burde case SCC p.340, para7) "7 The High Court has granted relief to the respondent and has directed his ig reinstatement only on the basis of the Constitution Bench decision of this Court in State of Maharashtra Vs. Milind. In our opinion, the said judgment does not lay down any such principle of law that where a person secures an appointment by producing a false caste certificate,his services can be protected and an order of reinstatement can be passed if he gives an undertaking that in future he and his family members shall not take any advantage of being member of a caste which is in reserved category."