29 July, 2008

‘No leniency for using forged caste certificates’

This judgment will make those who have cornered jobs with fake caste certificates to live in constant fear, for the Supreme Court has ruled that whatever be the length of service rendered by them, detection of forgery should lead to dismissal.
This legal reality dawned on one Madhulika Guruprasad Dahir, who had produced a fake ST certificate 20 years ago to get a job in Central Bank of India. A Bench comprising
Justices C K Thakker and D K Jain upheld her dismissal from the job saying rendering long years of service to the bank was of no consequence in the face of a serious crime.
“Equity, sympathy or generosity have no place where the original appointment rests on a false caste certificate,” said Justice Jain, writing the judgment for the Bench.
“A person, who enters the service by producing a false caste certificate and obtains appointment for the post meant for SCs/ STs/OBCs, deprives a genuine candidate falling in either of the said categories of appointment to the post. They do not deserve any sympathy or indulgence of this court,” the Bench said.
“He, who comes to the court with a claim based on falsity and deception, cannot plead equity,” it added.
Terming submitting fake certificate as a fraud, the Bench said Madhulika’s conduct rendered her unfit to continue in service.

With thanks from The Times of India 29 July 2008 P. 15 Delhi
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