Misuse of sc/st reservation by others

Good question. The Constitutional provisions laid down the "reservation in public employment". The President of India has issued the notification describing various communities as Schedule Caste, Schedule Tribe and other backward class communities, so that the backward communities can be uplifted and associated with the main stream of the society. The candidate, who belongs to the Schedule Caste, or Schedule Tribe community is furnished with what is called the "Caste Certificate" so as to seek various advantages and concessions under the Constitutional provisions and scheme framed by either the State Government or the Central Government. 

No person should produce the false certificate to seek undue advantages and concessions. If the false and fabricated caste certificate is produced by the candidate, who is in fact not covered under the Presidential notification, a criminal offence is said to have been committed under Sections 467 and 468 of the Indian Penal Code. The person, who does so is, therefore, liable to face criminal prosecution. The maximum imprisonment, if the offence is proved beyond doubt, is seven years.

There were several cases, where the genuine candidates could not get the advantages. At the same time, the candidate, who is not genuine produces the false caste certificate for taking advantages. If you are interested to make a further research, please go through the judgment in case of Madhuri Patil decided by Honourable the Supreme Court of India. The Supreme Court laid down the "Judicial Legislation", laying down the guidelines in this behalf.

Honourable the Supreme Court laid down that if the person, who has produced the certificate is really belonging to a Schedule Caste or a Schedule Tribe community, the Scrutiny committee should thoroughly investigate into the same and contemplate the "verification proceedings". If the verification proceeding is concluded in favour of the candidate, nothing can be done. If not, a criminal complaint has to be filed, while also cancelling the Caste Certificate.  

under IPC and also under the relevant conduct rules of emplyment procedure can be started agains tsuch perosns who secure employment by undue claim of SC/ST.

It is the scrutiny committee that has to first investigate and initiate the proceedings. It is popularly known as "verification proceeding". It has to reach at a conclusion about the "falsity" first. Neither cognizance, nor the Complaint before the Criminal Court would be competent as interpreted by the High Court, which has based its reasoning keeping in mind the judgment in case of Madhuri Patil.  Case of Abhishek Chandra vs. State of Tripura, Writ Petition NO: 300 of 2007 decided by Gauhati High Court (Agartala Bench) clears the concept and confusion. Only jurisdiction that can be invoked is that of scrutiny committee. And if other forum is approached, the application or complaint would be incompetent. Honourable the Supreme Court has "created the jurisidiction" in scrutiny committee" (Refer to Madhuri Patil) And as such, the Supreme Court created the "ouster clause". 

If you have anything more to know, I would be happy to share the knowledge. If suggested, I shall send the file containing research and argument in "share file section of this website".