Supreme Court: Terminate Jobs of those faking caste
July 07, 2017The Supreme Court notified yesterday that those using fake certificates to avail quota for admissions to educational institutions or getting government jobs will have to discontinue from the college or leave the job immediately if forgery is discovered. Earlier also, the Apex Court has issued clear directions in this regard that there shall be “ zero tolerance” against those using fake certificates to get seats illegally in educational institutions and government jobs but some High courts have permitted to complete studies or be in the service has they have already devoted a lot of time. In some other cases, the High Courts have permitted students to complete the studies after paying of fine.
The bench comprising of CJI JS Khehar and Justice DY Chandrachud said such leniency by High Court must stop forthwith as those who used fake caste certificates clearly have criminal intent to usurp the benefits reserved for persons belonging to oppressed and socially backward communities.
This issue for consideration came before the Bombay HC bench which allowed the person to continue the job even after knowing the fact that he had forged his caste certificate to obtain the job. The HC held that he continues to work in the job as he has spent a long time in the service.
While reversing the order of the High Justice Chandrachud said the leniency in such matters would deprive other genuine beneficiaries of his or her dues.
The court categorically stated that anyone found usurping the benefits with fake caste certificates must face prosecution.
The court has also laid down the procedure for a past scrutiny of caste certificates. & quot In case the certificate obtained or social status claimed is found to be false, the parent/guardian/candidate should be prosecuted for making a false claim. If the prosecution ends in a conviction and sentence of the accused, it could be regarded as an offence involving moral turpitude, disqualification for elective posts or offices under the state or the Union or elections to any local body, legislature or Parliament.& quot