Who is Grabbing Right of Scheduled Tribes?: Case of Invalidated Caste Certificates: FCI vs Jagdish Balaram Bahira: Part 8
State of Maharashtra Vs.Ku.Vijaya Deorao Nandanwar & Anr.
Respondent’s Caste certificate of Halba ST community was invalidated in 2009. She was appointed as an Assistant Teacher on a post reserved for the Scheduled Tribes. Following the invalidation of the claim, the services of the respondent were terminated. High Court set aside the invalidation and service termination in 2013. High Court order was set aside and appeal was allowed.
Ishwar Shrawan Nikhare Vs.State of Maharashtra & Ors.
The appellant was appointed as an Assistant Teacher in a vacancy reserved for the Scheduled Tribes in 1999. Caste certificate was invalidated in 2008. His service was terminated in 2009. Appeal before scholl tribunal was terminated in 2011. The learned Single Judge dismissed the writ petition challenging the order of the Tribunal. A Letters Patent Appeal has been dismissed by the Division Bench in 2012. Appeal was dismissed by the Supreme court as there was no error in decision of tribunal.
Eknath Barikrao Dhanwade Vs. Divisional Controller, State Transport Corporation & Anr.
The appellant was appointed as a driver in 1999 with the respondent on a post reserved for Scheduled Tribes on the basis of a caste certificate that he belongs to the Mahadeo Koli tribe. Certificate was invalidated. In his writ, high court remanded the matter to scrutiny committee in 2000. Committee invalidated the claim in 2001. High Court dismissed the petition challenging order of committee in 2014 and his service was terminated subsequently. Hence petitioner again filed writ which was dismissed by High Court in 2015. This indicates a complete abuse of process by the appellant. Civil appeal was dismissed by the Supreme Court.
Pradip Gajanan Koli Vs. State of Maharashtra & Ors.
The appellant was appointed to the post of Fireman in the reserved category for the Scheduled Tribes in 1996. A caste certificate dated 22 June 2000 certifying that the appellant belongs to the Mahadeo Koli Scheduled Tribe was issued. The caste certificate was referred to the Scrutiny Committee for verification. Appellant approached High Court. High Court, by its judgment and order in 2013 with a direction that in case the appellant is still in service as on that date, his employment shall not be terminated for a period of three months from the date of its order. Appeal before supreme court was dismissed.
Union of India & Ors. Vs. Suryakant & Ors.
In 2005 The Director General, Vigilance, New Delhi initiated the verification of tribe certificates of employees who were appointed from 1995. Respondent was appointed on the post of Lower Division Clerk reserved for the Scheduled Tribes on basis of caste certificate of Mahadeo Koli scheduled tribe, issued by Tahsildar Akola in 1985. Accordingly Tahsildar was asked about the authenticity of the certificate on the basis that register of 1985 was not traceable. Instead of giving original certificate, respondent produced fresh certificate of 2005 obtained from SDO Bhusawal. In 2011 his caste certificate was invalidated. Respondent approached High Court. On the basis of Arun Sonone case, High Court ordered service protection but he cannot claim promotion in 2015. The narration of facts reveals a complete misuse of process by the Respondent. Appeal was allowed and High Court order was set aside.
Executive Director (Lubes), Indian Oil Corporation Ltd. Vs. Ashok Mahadeorao Pathrabe & Ors.
The respondent joined IOCL in 1976 at its R & D Centre, Faridabad on the basis of Halba ST caste certificate. Certificate was invalidated in 2010. Respondent preferred internal appeal and writ before High Court. Internal appeal was dismissed in 2011 upholding dismissal order. On the same basis of dismissal order High Court dismissed writ in 2011. SLP was preferred, which was dismissed in 2012. The appellant filed another writ petition before the High Court which was allowed by an order dated 24 November 2015 to the extent that the services of the respondent were protected till his superannuation. The facts narrated above reveal a complete misuse of process by the Respondent. High court order was held unsustainable and set aside by Supreme Court by allowing appeal.
The State of Maharashtra & Ors. Vs. Rupesh s/o.Teksingh Shinde
The respondent was appointed as a clerk on a post earmarked for the Vimukta Jatis claiming that he belongs to the Rajput Bhamta Vimukta Jati in 1999. Certificate was invalidated in 2011 following service termination. In his writ High Court remanded the matter to scrutiny committee. Committee invalidated claim in 2014 and the Committee observed that the respondent obtained a false caste certificate and directed the registration of an FIR against the respondent, pursuant to which the services of the respondent were terminated. He again preferred writ which was allowed by the High Court on the basis of Arun Sonone case with a direction to the appellant to reinstate the respondent on his original post. The facts narrated above indicate the manner in which the process has been abused by the Respondent. High court order was held unsustainable and set aside, appeal was allowed.
Systemic Failure & Socio-Legal Impact on the Poor
As you can see, there is systematic failure of the scheme for social welfare and justice of actually unprivileged scheduled tribes. As many of the appointed person did not belong to the scheduled tribe claimed on their caste certificate, the whole system of caste certificate issuance is under suspicion of malpractices. The system which was designed to uplift poor, socially and economically backward scheduled tribe was abused by the greedy persons not belonging to specific caste. Hence a proper system shall be established in which local members of respective tribe can identify the person belonging to their tribe to get valid caste certificate. Such fraud activities by some people for getting benefit of reserved seat is nothing but fraud on the Constitution of India, and eventually it is fraud with nation, as the Constitution is mother of all laws governing this nation. A fair law is required to punish such acts of using fake caste certificates, grabbing rights of actual scheduled tribe people. Such people are culprits of SC and ST communities.