Shahu Teachers' Association alleging that the petitioner
had obtained a false caste certificate.
4.
It is the case of the petitioner that though ... petitioner while
obtaining a false caste certificate and submitting such false certificate
while applying to the post of Principal. He placed reliance on section
bank statements regarding realisation of the cheques, had given
a false certificate regarding receipt of promoters contribution, in full,
by Ritesh Polysters Limited. The respondent ... have abetted the promoters in the
fraudulent activity by issuing a false certificate, as he could have
issued the certificate with the remark that subject
reads as follows:-
"Section 3-B. Liability on issuing false certificate, etc.-Notwithstanding
anything to the contrary contained elsewhere in this Act, and without ... petitioner cannot be deemed to have issued any wrong or
false certificate and tax cannot be legally charged under Section
bank statements regarding realisation of the cheques, had given
a false certificate regarding receipt of promoters contribution, in full,
by Ritesh Polysters Limited. The respondent ... have abetted the promoters in the
fraudulent activity by issuing a false certificate, as he could have
issued the certificate with the remark that subject
deal with election to political offices
on the basis of a false certificate. In fact Section 11 (4) which
imposes penalty of imprisonment and fine ... respondent
does not belong to Scheduled Tribe category; that he produced
false Caste Certificate claiming himself as Scheduled Tribe; that he
does not belong
spurious caste
claims and obtaining of appointments on the basis of false
certificate and held that it had the effect of depriving the genuine
scheduled ... cancel the employment obtained on the basis of
the false certificate so that the post may be filled up by a candidate
who is entitled
reads as follows:-
"Section 3-B. Liability on issuing false certificate,
etc.-Notwithstanding anything to the contrary
contained elsewhere in this Act, and without ... petitioner cannot be deemed to have issued any
wrong or false certificate and tax cannot be legally
charged under Section
SCTIT, in the
Employment Certificate, Pay Slip, Salary Certificate and
Form No.16, it is falsely shown that he was working as
Manager ... Employment Certificate, Pay Slips, Salary Certificate and
35 [Spl.C.C.144/2010-J]
Form No.16, it is falsely shown that he was working
caste certificate as
'Kadu Kuruba' on 02.02.1995 from Tahsildar, Bangalore
North. Though Accused was knowing that the said
caste certificate is false ... evidence as to he has given
false information to the Government and obtained a
false caste certificate as to he belongs to 'Kadu Kuruba
Burde case, the Scrutiny Committee had
found that the caste certificate was false and,
therefore, invalid. That was not the position
either in Milind case ... person secures
appointment or admission on the basis of
false certificate, he cannot retain the said
benefit obtained by him/her. The courts will