Benefits Taken By Producing Fraudulent Caste Certificate Cannot Be Countenanced On Grounds Of Delay & Mercy: Karnataka HC
The Karnataka High Court held that the benefits taken from producing a fraudulent caste certificate cannot be countenanced in law on the grounds of delay and mercy.
The petitioner was appointed as an Ayush Medical Officer based on a caste certificate produced by him which stated that he belonged to the ‘Gonda’ community which is a Scheduled Tribe community. However, an enquiry was conducted following complaints, revealing discrepancies in the petitioner's caste certificate. The petitioner was dismissed from service and his caste certificate was cancelled.
A Single Bench of Justice V Srishananda observed, “The question of delay in taking the action cannot be taken advantage by the petitioner inasmuch as if a fraud has been committed by a person at the inception and obtained benefit thereof, there cannot be any limitation to question the said fraudulent act. A fraudulent document is non est from the beginning and any benefits taken thereof cannot also be countenanced in law on the ground of delay and mercy.”
Advocate T. H. Avin represented the petitioner, while AAG R.S.Marhas appeared for the respondents.
The Court examined various documents, including the petitioner's 10th standard marks card and college application, which indicated that he identified himself as belonging to a backward class community, not a Scheduled Tribe. Despite this, the petitioner obtained employment representing himself as a Scheduled Tribe member.
“It is settled principles of law that a party to a litigation cannot approbate and reprobate from his stand taken before the quasi judicial authority to suit to his convenience,” the Court remarked.
The Court concluded that the petitioner had suppressed material facts and obtained employment fraudulently.
“When petitioner has pursued his education as a person belong to backward class community knowingfully well that he does not belong to ‘Scheduled Tribe’, he suppressed the material facts and was able to get an employment as ‘Scheduled Tribe’ person by not only creating a false document in the form of caste certificate and produced before the employer and gained himself, but also denied a fair chance of a Scheduled Tribe person being appointed for the said post,” the court observed.
Accordingly, the High Court dismissed the petition.
Cause Title: Dr. Guddadev v. The Director, Schedule Tribes Welfare & Appellate Authority & Ors. (Neutral Citation: 2024:KHC-K:2735)
Appearance:
Petitioner: Advocate T. H. Avin
Respondents: Spl. Govt. Advocate C. Jagadish; Advocate Huleppa Heroor