Dr. Ambedkar's Dream Of Casteless Society Still Remains Dream: Madras HC In A Case Where Employment Was Gained Through Fake Class Certificate

However, Justice J. Nisha Banu while directing the respondent-Bank to pay all retirement benefits that accrue on the petitioner, observed, “I am of the considerate view that for the appointments that happened before 1995, it is not open for the Central Government, State Government and Public Sector Undertakings to deny continuous employment or post retirement benefits on the basis of a post facto finding of falsity of claims or doubtful caste/community certificates presented at the time of appointments”.

Resultantly, the matter has now been referred to the Chief Justice of the Madras High Court.

Advocate N.Naganathan appeared for the petitioner, Addl Government Pleader P.Gurunathan appeared for the Committee, Counsel S.B.Keerthana, M/s.T.S.Gopalan & Co appeared for the Bank.

The writ petition was filed challenging the order of the Tamil Nadu State Level Scrutiny Committee-III dated December 24, 2020 cancelling the petitioner's Hindu-Kaatunayakan Schedule Tribe community certificate.

In the pertinent matter, the petitioner was appointed to Bank of Baroda in the year 1989, under reservation category, earmarked for Scheduled Tribes.

The caste certificate that was issued by Tahsildar, Attur was for 'Hindu Kaatunayakam' community belonging to the Scheduled Tribe. The petitioner was superannuated on December 31, 2018.

Pursuant to this, the petitioner filed a plea in 2019 for a direction to the respondent bank to release his terminal benefits including pension, leave encashment, commutation etc. Where the bank was directed to consider his claim.

However, after a chain of events, the Tamil Nadu State Level Scrutiny Committee III passed an impugned order cancelling the community certificate, holding it to be fake as he belonged to the 'Hindu Man ottar community' and not the 'Hindu Kaatunayakken community'.

Noting the factual matrix of the case and the peculiar circumstances Justice Banu criticized ‘the menace of unscrupulous individuals manoeuvring the system’ to procure false caste certificates and secure admissions to education institutions and employment depriving the constitutional rights of deserving communities.

Justice Banu, however observed, “The fact that very often, the applications for community certificates are moved by parents/guardians when the beneficiaries are still minors, compounds the problem. The complexity of the best known methods and the enormity of time in probing the anthropological roots of the individuals to determine their caste/community adds up to the challenge. This lead to courts taking varying decisions at varying points of time on matters of admissions and employment secured on the basis of false caste/community certificates”.

Justice Banu in the dissenting opinion relied on O.M. dated December 24, 2020 of the Lok Sabha Secretariat (Parliamentary Committee on the welfare of scheduled Castes and Scheduled Tribes) and was of the opinion that “the prescription in the O.M. is fairer because, very often the parents make the claims and sometimes it becomes literally impossible for certain classes of people to establish their caste/community through evidences”.

However, while referring to the O.M, Justice Mala was of the opinion that it suffers from a misconception of law on the operation of the Judgment of the Supreme Court in Kumari Madhuri Patil Vs. Addl. Commissioner in 1995 AIR SC 94, that it is prospective. While it is trite that “the law declared by a court will have retrospective effect, if not otherwise stated to be so specifically”.

Justice Mala denouncing the practice thus observed, “The framers of our constitution dreamt of an egalitarian society. The constitutional provisions and the scheme of reservation for the backward classes and the Scheduled Caste and Scheduled Tribe were meant to achieve the goal of equality, where all people irrespective of their religion, caste and sex would be treated equally with respect, dignity and honour. It is unfortunate, nay, dismaying that certain unscrupulous elements indulge in producing false certificates for the purpose of seeking employment and education, thus, depriving the truly deserving persons of their rights guaranteed under the constitution”.

Cause Title: V.Perumal v. Tamil Nadu State Level Scrutiny Committee – III