How to file case against someone who used fake SC/ST documents
17-Apr-2023 (In Documentation Law)
A student of unreserved category uses fake certificates of reserved category like sc /st or obc for study purposes. Is this legal or not. If not, what can we do against him?
(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.
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.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Documentation lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."