Potential implications of the Supreme Court Judgment about validity of certificates issued by Government of Maharashtra

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.

 How many people are there in the  open category

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