E.V.Chinnaiah vs State Of Andhra Pradesh And Ors on 5 November, 2004
Scheduled Castes and Scheduled Tribes in view of the constitutional
provisions contained in Articles 341 and 342 of the Constitution of India
occupy a special position. Protective discrimination and affirmative action
for the downtrodden people are envisaged in our constitutional scheme
despite the fact that the equality clause enshrined under Article 14 of the
Constitution of India is of great significance. [See E.V. Chinnaiah Vs. State
of A.P. and Others, (2005) 1 SCC 394]
When, thus, a person who is not a member of Scheduled Caste or
Scheduled Tribes obtains a false certificate with a view to gain undue
advantage to which he or she was not otherwise entitled to would amount to
commission of fraud. Fraudulent acts are not encouraged by the courts. A
person for the purpose of obtaining the benefits of the Presidential Order
must fulfil the condition of being a member of Scheduled Castes and
continue to be so. Conversion of a member of Scheduled Castes to a
different religion may not, in certain circumstances, deprive him of the said
benefits although there appears to be some divergence of views in this
regard.