No Limitation To Question Fraudulent Act Of Obtaining Benefit From Fake Caste Certificate: Karnataka High Court

The Karnataka High Court while dismissing a petition filed by an Ayush Medical Officer who secured the job based on submission of a false caste certificate, said that 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 single judge bench of Justice V Srishananda dismissed a petition filed by Dr. Guddadev Gollappa Yadrami who sought quashing of the order cancelling his Caste Certificate and a direction upon the respondents to reinstate him notionally into service.

The petitioner was appointed as against a post which was reserved for 'Scheduled Tribe' persons. To meet the requirements, petitioner produced the caste certificate that he belongs to 'Gonda' community which is a Scheduled Tribe community. On the complaint filed by respondents the caste certificate was cancelled and subsequently he was dismissed from service.

Petitioner argued that in the District of Gulbarga, 'Kuruba' community and 'Gonda' community are one and the same and the words 'Kuruba' and 'Gonda' are used as synonyms. Subsequent to the year 1993, there were serious disputes that the 'Kuruba' community is a distinct community, though both communities are one and the same communities. Thereafter, the State Government, as early as on 10.02.1997 recommended to the Government of India to include 'Kuruba' community of Gulbarga District to be included as Scheduled Tribe community which is nothing but synonym of 'Gonda' community.

Further it was argued that if the petitioner and similarly placed persons were confused with their caste, they cannot be penalised, that too, at this distance of time. Moreover, the District Caste Verification Committee which issued the Caste Certificate at the first instance did not find that the petitioner is not a Scheduled Tribe person and therefore, Caste Certificate issued by the competent authorities was approved by the District Caste Verification Committee and therefore, petitioner cannot be now called upon with regard to validity of the caste certificate and sought for allowing the writ petition.

The state government opposed the plea submitting that Government Order which has been issued by the State Government dated 02.09.1986 has been called in question in several writ petitions and co-ordinate Benches of this Court as well as the Division Benches have held that Government has no power whatsoever to pass a Government order or issue Circular which is against the principles of constitutional mandate and statutory provisions and therefore, same are not of any avail in getting the benefit of the said Circular.

The bench had directed the petitioner to furnish his 10th standard marks card. The counsel for petitioner failed to produce the original on the ground that the same is misplaced. In place of the original marks card, he has furnished the photocopy of the true copy of the 10th standard marks card. So also, he has furnished the photocopy of the application for admission to Pre University class for second year Science to S.B.Arts and KCP Science P.U.College, Bijapur.

Perusing the same the court said “While filling up the said application in hand by the petitioner, he has mentioned in column 'community and caste' as 'Hindu (Kuruba)' and in column B, he has specifically stated that 'I belong to community backward classes'. It is pertinent to note that the said document has come into being at an undisputed point of time when the petitioner was a student.”

Taking into consideration these aspects of the matter, Court said "since the petitioner did not want to utilise the benefit of 'Scheduled Tribe' when he joined the college by filling up the application on 14.07.1975, how he can make use of his caste for the purpose of getting an employment as 'Scheduled Tribe' is again a question that remains unexplained by the petitioner.”

It added “How a person who has declared himself that he belongs to a community of backward classes would transform himself into a 'Gonda' Scheduled Tribe community at the time of employment is again a question that remained unexplained on behalf of the petitioner.”

Petitioner had sought permission to pay fees at a later point of time on account of poverty while seeking admission to the college. Request in this regard was furnished along with application wherein petitioner has stated that he hails from a poor background and therefore, he cannot pay Rs.100/- at the time of admission.

Thus Court observed, “If petitioner were to be a person belonging to Scheduled Tribe and required to get admission in the College on 14.07.1975 on the basis of he being a 'Kuruba' which is also called as 'Gonda' as is contended by the learned counsel for petitioner, there was no necessity of filing an application to the Principal seeking extension of time to pay Rs.100, where he was not even required to pay any fee. These aspects of the matter at an undisputed point of time attributable to petitioner alone would falsify all his contentions in the writ petition.”

Court said these documents were not furnished by the petitioner at the time of filing writ petition. "It shows that petitioner has not approached this Court with clean hands and he has suppressed the material facts somehow to get a favourable Order.”

Court said that when respondent Nos.4 and 5 complained that petitioner does not belong to 'Scheduled Tribe', as a fair person, petitioner should have resigned from the job. Instead, he continued to contest the matter and matter was taken to concerned authorities and enquiry was held. In the enquiry, petitioner was the respondent before the Director of Scheduled Caste and Scheduled Tribe Welfare Appellate Authority, contested the matter all along and maintained that he belongs to Scheduled Tribe community.

The court held “Petitioner having suppressed the material facts before the Appointing Authority at the time of his employment and has produced the caste certificate knowing fully well that he belongs to 'Kuruba' and managed to get a certificate that belongs to 'Gonda' community and hanging on to that certificate before the Appellate Authority only shows that some how petitioner wanted to take benefit of caste certificate and employment. Such a person cannot be shown any mercy or leniency.”

It added “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.”

Accordingly it dismissed the petition.

Appearance: Advocate T.H.Avin for Petitioner.

Advocate C.Jagadish, for R1 and R2, R6 to R9.

Advocate Huleppa Heroor for R5

Citation No: 2024 LiveLaw (Kar) 174

Case Title: Dr Guddadev Yadrami AND The Director & Others

Case No: WRIT PETITION NO. 205994 OF 2014

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