Fake scheduled tribe certificate
Renu Renu MM
(Querist) 05 November 2011
This query is : Resolved
Dear Sir,
In todays world in order to get justice is a dream come true. One of my friend who is a real ST has cleared her KPSC Examination in Karnataka but a non ST who falsely claims to be a Scheduled Tribe has snatched her bread by being selected as a DySP. Now that my friend has cum to know about her caste as KANIYAR which is belongs to Category 2A as per Art 16 in the list of Backward class. She claims to be a KANIYAN which is a Scheduled Tribe restricted to Kollegal talukand in rest of Karnataka this caste is a Packward caste. Now the fake candidate being a Kaniyar ie, a backward caste through out Karnataka has claimed to be a KANIyN, a ST restricting to Kollegal taluk is claiming for the job.
Now she came to know that most of the KANIYARS who are OPC's are falsely claiming to be KANIYAN of Kollegal taluk though they belong to other districts of Karnataka. The whole community is playing a foul and fraud and enjoying the benifits of ST that is given by the Govt.
In this case the complaint against the accused is being lodged by the brother in law of the accused now the main case is being treated as the family conflict and is being looked as disput and thus the accused has been sheided.
I want to know as to how to approach the court or other authories in this regard and get justice and i have also heard that any one who comes to know about the fake ST certificate can give a complaint to the concerned authorities.
Advocate. Arunagiri
(Expert) 05 November 2011
File a writ petition against the KPSC, for selecting a non SC candidate. Provide necessary proof. Add the selected candidate also as a party.
Seek for quashing of the selection.
ajay sethi
(Expert) 05 November 2011
complaint can be filed with police for forgery and using fake documents as genuine under various sections of the Indian Penal Code (IP
ajay sethi
(Expert) 05 November 2011
SC outlines procedures for fake caste certificate cases
PTI | May 14, 2007
New Delhi, May 14 (PTI) Holding there cannot be a hard and fast rule on dealing with students completing professional courses after gaining admission using fake caste certificates, the Supreme Court has held their degrees may be however protected in the larger interest of the society.
But in cases where the falsehood of the caste certificate was detected within a short period after getting entry, the court said the admission can be cancelled. As regards persons getting jobs by such falsehood they shall be terminated from service, the court added.
A Bench comprising Justice G P Mathur and Justice R V Raveendran gave the ruling while holding that different procedures could be followed against a person for using fake caste certificate for getting admission in a professional course and for securing jobs.
"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, his case may, on special facts be considered on a different footing," the court said.
Observing that a huge amount of public money is spent on imparting education in a professional college, the court said the skill acquired by such students 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", the court added.
Holding that use of false caste certificate for securing admission in college and for the purpose of job stand on different footing, the Apex Court said, "previous judgement of the Supreme Court does not lay down any such principle of law that where a person secures an appointment by producing false certificate, his services can be protected."
The case before the Supreme Court arose when a person named Suresh Ramakrishna Burde secured a job in BHEL by furnishing false caste certificate declaring himself as a Scheduled Tribe in 1982.
Nine years after Burde was employed, his caste certificate was referred for verification to the district collector of Nagpur district, when the Scheduled Tribes Employees Association of the Company lodged a complaint against him.
The district collector as well as the Chairman of Scheduled Tribe Caste Certificate Scrutiny Committee whom the matter was referred found the certificate false and it was invalidated.
In consequence to the findings the Company terminated his services in 2004 which was challenged by him in the Bombay High Court.
The Court, after accepting his undertaking that he would not take any advantage of being a member of Scheduled Tribes in future, reinstated him in services.
BHEL then approached the Supreme Court contending that the employee got job by fraudulent means and termination of his job was right.
ajay sethi
(Expert) 05 November 2011
www.rishabhdara.com/sc/view.php?case=71842
Case DetailsM. KALIMUTHU versus THE COLLECTOR
High Court of Madras
Case Law SearchIndian Supreme Court Cases / Judgements / Legislation
Judgement
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M. Kalimuthu v. The Collector - Writ Petition No.945 of 1998 [2001] RD-TN 6 (11 December 2001)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 11.12.2001
CORAM
THE HONOURABLE MR. JUSTICE P. SHANMUGAM Writ Petition No.945 of 1998
M. Kalimuthu .. Petitioner vs.
The Collector
Coimbatore District
Coimbatore. .. Respondent For Petitioner : Mr. M. Veluswami
For Respondents : Mr. K. Kumaresh Babu,
Government Advocate. - - - - -
: O R D E R
Petitioner seeks to quash the order of the District Collector dated 31.12.1997 cancelling the community certificate obtained by him.
2.
prabhakar singh
(Expert) 05 November 2011
Good and potent advise has been already given to you,you need to act now.
