A caste certificate is a documentary proof of a person belonging to a specific caste, as categorized under the Indian Constitution. It is also commonly known as a community certificate.
Are repeated inquiries for the verification of a caste certificate detrimental to the members of the SC/ST community?
Is an appointment void ab initio if it is secured on the basis of a fraudulent caste certificate?
The Supreme Court has observed that if the verification of a caste certificate of a member of the Scheduled Castes and Scheduled Tribes community is repeated, it would be detrimental to them. An inquiry into caste certificates can only be reopened when there is reasonable suspicion of fraud or when they were issued in the absence of proper inquiry.
Further, the Supreme Court has held that an appointment made on the basis of a caste certificate that is found to be fraudulent is void ab initio and Resolutions and Circulars issued by the Government cannot protect such appointments and appointees. Protection of such appointments encroaches upon the legal rights of the actual members of the community.
Supreme Court of India
J.Chitra vs District Collector on 2 September, 2021 Author: L. Nageswara Rao
Bench: [ A ], [ L ]
Non-Reportable
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
Civil Appeal No. 5160 of 2010
J. Chitra ... Appellant
Versus
District Collector and Chairman State Level Vigilance Committee, Tamil Nadu & Ors. . Respondents
J U D GE M E N T
L. NAGESWARA RAO, J.
1. A Writ Petition was filed by the Appellant challenging the order dated 09.04.2008 passed by the Chennai District Vigilance Committee cancelling the community certificate. The Writ Petition was dismissed by the High Court of Madras by a judgment dated 22.12.2008, aggrieved by which this Appeal is filed. The Tahsildar, Mylapore-Triplicane, Chennai issued a community certificate showing the Appellant to be from Valluvan community on 28.08.1982 when she was studying in tenth class. At the time of joining service in the Office of Accountant General, the Appellant applied for a community certificate. Tahsildar, Mylapore-Triplicane, Chennai issued a community certificate on 12.07.1985 which 1 | Page was submitted by the Appellant after joining the service on 17.07.1985. A complaint was preferred by Dr. Ambedkar Service Association in the Office of the Accountant General raising doubts about the community certificate produced by the Appellant at the time of joining service. The Appellant was directed to attend an inquiry to be conducted by the Collector regarding the genuineness of the community certificate. A notice was issued by the District Collector, Chennai on 27.05.1998 directing the Appellant to show-cause as to why her community certificate should not be cancelled. The District Collector directed the Revenue Divisional Officer to conduct an inquiry. An inquiry was conducted by the District Vigilance Committee. After conducting an inquiry, the District Vigilance Committee eXpressed its view that the Appellant belongs to Valluvan community which is a Scheduled Caste.
2. On 27.01.2000, the service of the Appellant as Section Officer was regularized. The Appellant was promoted as Assistant Accounts Officer on 31.12.2001. In the meanwhile, Dr. Ambedkar Service Association submitted another representation that suitable action should be taken against the Appellant for securing employment as reserved category candidate on the basis of a false caste certificate. The State Level Scrutiny Committee informed the Appellant that a complaint was received from Dr. Ambedkar Service 2 | Page Association and directed the Appellant to be present for inquiry to be conducted on 24.03.2003. Responding to the notice, the Appellant attended the inquiry before the State Level Scrutiny Committee. In the meanwhile, the District Vigilance Committees were reconstituted by the Government of Tamil Nadu vide G.O. Ms. 111, Adi Dravidar and Tribal Welfare (ADW-10) Department dated 06.07.2005. The State Level Scrutiny Committee remanded the inquiry pertaining to the community certificate of the Appellant to the District Vigilance Committee on 04.01.2006. The functions of the District Vigilance Committees and State Vigilance Committees as well as the procedure to conduct an inquiry were enumerated by G.O. (2D) No.: 108, Adi Dravidar and Tribal Welfare (CV-I) Department dated 12.09.2007. The Appellant was directed to appear before the District Vigilance Committee pursuant to which the Appellant as well as her mother attended the inquiry and submitted relevant documents before the District Vigilance Committee. On 09.04.2008, an order was passed by the District Vigilance Committee cancelling community certificate of the Appellant. Assailing the legality and validity of the order dated 09.04.2008, the Appellant filed a Writ Petition in the High Court of Madras which was dismissed by a judgment dated 22.12.2008. Ergo, this Appeal.
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There is no law that governs either the issuance or the application of a caste certificate. It is simply a document that aims at the sustainable development of the people of the SC and ST community. The primary objective of the certificate is to improve the quality of life of these communities.
Getting involved in a case related to a caste certificate can be tricky. It also takes a financial and emotional toll on the person. Engaging the services of a lawyer helps alleviate this stress and ensures that the proceedings have a favourable outcome.
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