On 1.10.2019, the Supreme Court directed that State
of Maharashtra should re-verify certificates between the period 30.7.2011 and
31.8.2012 issued to people belonging to Scheduled Tribes [ST]. The order passed
casts doubt on the claims of people who had obtained ST certificates in this
period.
The
Supreme Court held that during said period, caste certificates were issued without
carrying out proper exercise for verification of claims. It also expressed
concerns that the certificates so obtained would be used in the future to avail
of various benefits including educational reservation. These false certificates
may also be used for the issue of certificates to heirs.
In
the concluding paragraph, Supreme Court has expressed hope that compliance of its order would ensure
that genuinely entitled persons would benefit and those not so entitled would
be weeded out.
Some extracts from the judgment:
The exercise carried out in the interregnum
period, between 30.7.2011 (when the Notification was issued) and 31.8.2012
(when the Rules of 2012 were notified) leaves us, as the High Court, with grave
doubt, and we are of the view that no proper exercise could have been carried
out, or was carried out given the time frame within which the caste
certificates were issued. The objective was clear, i.e., to somehow
facilitate as many people as possible, as soon as possible, to contest the
elections.
The troublesome aspect is that
the validity certificates are not only valid for that election, but also for
subsequent elections. They are not only valid for educational purposes (except
for some cases so restricted), but also for all other purposes. These validity
certificates can possibly become the basis for issuance of further certificates
to the legal heirs. Thus, we have no doubt that the exercise so undertaken
cannot be upheld and has to be quashed with the direction to carry out the
aforesaid exercise afresh.
We are of the view that the fresh
exercise has to be undertaken within a period of six (6) months from today,
i.e., on or before 31.3.2020. Till this exercise is completed, the existing
certificates issued for the interregnum period would hold good. Wherever there
is an adverse report of the Vigilance Cell and yet caste validity certificate
has been issued the exercise has to be carried out afresh.
The
matter of interest for the open category is the likelihood of many persons from
Maharashtra being “weeded out.” The exercise, to be carried out by 31.03.2020, is
likely to reveal the names of people who have obtained false certificates. It
is now a matter for the Government of Maharashtra [GoM] to frame rules for further
action to be taken regarding persons whose certificates will be cancelled as a
direct result of the Supreme Court order. Depending upon the number of people
that may be enlisted as such, the GoM may try and play tricks like promulgating
an ordinance or otherwise amending existing rules to accommodate affected
persons.
As
a natural consequence of the list, some people who have availed benefits of reservation
in education, employment or promotion may face problems. Be that as it may, some
pressure group needs to prevail on the GoM to comply with the order and take necessary
steps to enforce consequences on affected persons. This may include loss of
benefits or criminal prosecution.
Naturally
and inevitably, the GoM may, as with other issues, adopt a policy for the
appeasement of the affected people in particular and ST population in general. Model
Code of Conduct for Assembly elections is on. Tactics like ordinance do not appear
feasible. It is however, necessary that awareness of this issue and its
implications should be spread far and wide.
It
is rarely that the government finds itself on the losing side on cases related
to reservation. This matter is a rare and happy exception. It is also a welcome
order in that it has directed the state to carry out an exercise without the thought
of costs and consequences. That which was wrong has been corrected.
The
implications are huge. There may be many persons who had obtained false certificates.
Their children or if they were themselves young at time, such persons
themselves would be applying for seats in medical colleges or other prestigious
institutions from ST quota. They or their children may apply for seats for
education or jobs in future recruitment. Such people may get promotion in the future.
Data
regarding this will be available in the public domain. Point is that public
awareness is needed to ensure that the order of the Supreme Court is followed
in letter and spirit. Those not entitled for the benefit of reservation should not
be allowed to get them.
This
order should open the eyes of the public at large and government officials in
particular that the benefits of reservation have gone to many undeserving
people. Many persons from the open category have suffered due to fake documentation
or falsely obtained certificates.
Just
imagine that in the academic years 2011-12 and 2012-13, say 50 people have been
admitted to medical courses on the basis of false certificates. That is a loss of
career for 50 students per year. That is a loss of talent to the nation. That
is the burden of paying the fees of the falsely declared ST candidates on the
State exchequer. And the injustice does not stop there. The children of these falsely
declared ST people would also derive benefits of reservation.
The
Judgment of the Supreme Court in Dist. Collector of Satara v. Mangesh Nivrutti
Kashid should be embossed in golden letters in the annals of the reservation
system in Maharashtra.
For
the Judgment to have effect, however, public awareness of the order is of
utmost importance. It is for the public at large to ensure that the people not entitled
to benefits of reservations do not get those benefits. The waste of energy in
futile pursuits like posting on social media and self pitying discussions
amongst others aggrieved by reservation policy is a sad comment on the state of
affairs where talent is denied entry for the sake of upliftment of so called
backward classes. It would be of some public benefit if that energy is put to
the use of public good in the form of ensuring compliance of this order by due
public pressure. This task should be on the agenda of all people and groups
working against the evils of reservation system.
© Adv. Shrirang Choudhary
