Didn’t Obtain Benefit Of Wrongly Claimed Scheduled Tribe Status: Supreme Court Quashes FIR Against Retired Employee
The appellant approached the Apex Court, trying to dodge the shadow of a misdemeanor committed in 1993.
The Supreme Court has quashed an FIR against a retired employee in a false caste claim case after noting that he was unable to obtain any benefit of the status of belonging to a Scheduled Tribe, which he wrongly claimed.
The appellant approached the Apex Court, trying to dodge the shadow of a misdemeanor committed in 1993, when he attempted to claim the status of a Scheduled Tribe.
The Division Bench of Justice Sanjay Kumar and Justice K. Vinod Chandran stated, “A person who tries to appropriate the benefits due to a Scheduled Tribe by dubious means, not only commits an illegal act but also denies a rightful candidate such benefits and normally does not deserve any grace. But only considering the fact that the appellant was not able to obtain any benefit of the status he wrongly claimed and the futility of taking the prosecution to its logical conclusion at this point of time we are inclined to put the controversy at rest but, however, making it clear that none can claim parity on the basis of Annexure P4 certificate which in any event is found to be not valid.”
AOR Divyesh Pratap Singh represented the Appellant, while AOR Ruchira Goel represented the Respondent.
Factual Background
The appellant, an Engineer, was first appointed in the Central Public Works Department and later appointed to the State Service in the year 1984. His entry into State Service was on availing the benefit of a ‘backward class’ based on a certificate issued, which indicated his caste as ‘Mallah’. In 1993, the appellant produced a certificate before the Government asserting his roots in the ‘Majhwar’ community notified in the Scheduled Tribes order issued under Article 342 of the Constitution. Initially, the government approved it, but later, based on an enquiry conducted, the Tehsildar reported that the photocopy of the certificate alleged to have been issued did not bear the issue serial number.
It was concluded that the certificate was not the one issued by the office and based on this, an FIR was registered. When the appellant applied to the Uttar Pradesh Public Service Commission for the post of Assistant Engineer, he had mentioned his caste as ‘Mallah’, a ‘backward class’, and later in the year 1993, after nine years of joining service, the photocopy of the certificate was produced. The jurisdictional Court having proceeded to issue a summons, the appellant filed an application for quashing the FIR under Section 482 of the Code of Criminal Procedure, which was rejected by the impugned judgment. Aggrieved thereby, the appellant approached the Apex Court.
Reasoning
The Bench was unable to place any reliance on the photocopy of the certificate since it did not show the date on which it was issued, and also based on the report of the Tehsildar, which was fatal to its validity.
“Further, it is pertinent that the appellant’s appointment in state service was after the date seen from the certificate. There is no perceivable reason as to why the claim was not made at that point of time. He sought selection only on the basis of his backward caste certificate”, it noted.
It was the appellant’s case that he is a septuagenarian, retired from service and left alone in this world, having lost his wife and both children. Considering the fact that the appellant was not able to obtain any benefit of the status he wrongly claimed, the Bench allowed the appeal and quashed the proceedings.
Cause Title: Madan Gopal v. The State of U.P. (Neutral Citation: 2026 INSC 501)
Appearance
Appellant: AOR Divyesh Pratap Singh, Advocates Shivangi Singh, Amit Sangwan, Tiwari Prashantipriya Awadesh, Bharat Mishra, Kavinesh Rm
Respondent: AOR Ruchira Goel, Advocates Rishika Rishabh, Sharanya, Ritika Rao, Harshita Raghuvanshi