Kumari Madhuri Patil vs Addl. Commissioner on 2 September, 1994
"In Kumari Madhuri Patil v. Addl.
Commr., Tribal Development the object for
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granting certain benefits to persons
belonging to Scheduled Castes and
Scheduled Tribes and the approach to be
adopted in matters where benefits are
fraudulently obtained was highlighted. At
para 13 of the judgement it was, inter
alia, noted as follows(SCC pp.254-57)
"13. The admission wrongly gained or
appointment wrongly obtained on the basis
of false social status certificate
necessarily has the effect of depriving
the genuine Scheduled Castes or Scheduled
Tribes or OBC candidates as enjoined in
the Constitution of the benefits conferred
on them by the Constitution. The genuine
candidates are also denied admission to
educational institutions or appointments
to office or posts under a State for want
of social status certificate. The
ineligible or spurious persons who falsely
gained entry resort to dilatory tactics
and create hurdles in completion of the
inquiries by the Scrutiny Committee. 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
the parent or the guardian who may play
fraud claiming false status certificate.
It is, therefore, necessary that the
certificates issued are scrutinised at the
earliest and with utmost expedition and
promptitude. For that purpose, it is
necessary to streamline the procedure for
the issuance of social status
certificates, their scrutiny and their
approval, which may be the following: