State Can Legislate On Verification Of Caste Certificates Of Central Govt Employees Availing Reservation Benefits: Bombay High Court
The High Court held that where a Central Government employee avails reservation benefits based on a caste certificate issued by the State, the State authorities are competent to verify its validity and initiate action in case of false claims.
Bombay High Court
The Bombay High Court has held that State authorities possess the legislative and administrative competence to verify caste certificates issued to Central Government employees when such certificates are used to obtain reservation benefits.
The High Court was hearing writ petitions filed by employees of Central Government establishments challenging the scrutiny proceedings initiated by the State Caste Scrutiny Committee regarding the validity of their caste certificates.
The petitioners contended that as Central Government employees, their service conditions fell exclusively under the Central Government domain and the State had no jurisdiction to examine their certificates.
A Division Bench of Justice M.S. Jawalkar and Justice Raj D. Wakode rejected the contention and upheld the competence of the State to undertake the verification process. The Bench observed that “State is competent to pass legislation governing Central Government employees as they derive benefits of reservation and caste certificate issued by State Authorities”.
Advocate S.R.Narnaware represented the petitioners, while Birendra Saraf, Advocate General, represented the respondents.
Background
The petitioners were appointed in different Central Government departments on reserved category posts on the strength of caste certificates issued by the State of Maharashtra. The Caste Scrutiny Committee issued notices for verification under the State legislation governing the protection of backward classes and the prevention of fraudulent claims. The petitioners argued that the committee had no jurisdiction and that the Central Government alone could decide disputes relating to their employment status.
The respondents submitted that any reservation availed based on a false certificate directly affects constitutional guarantees and requires strict scrutiny.
The question before the Court was whether verification of a caste certificate used for securing Central Government employment could be subjected to statutory scrutiny under State law.
Court’s Observation
The Bombay High Court examined Article 342 and the constitutional framework relating to the determination of the Scheduled Castes and the Scheduled Tribes. It held that inclusion in backward class lists is State-specific and remains within the State’s constitutional competence.
The Court held that when a person relies on such a certificate for obtaining reservation benefits in any employment, including Central services, the State retains a continuing interest in ensuring the certificate is genuine. The Bench stated that the legislation empowering the Scrutiny Committees seeks to prevent misuse of the reservation policy and must be respected uniformly.
“The purpose of verification, as would be apparent is to ascertain the genuineness of the claim of a person of belonging to a particular caste / tribe, on the basis of which employment is secured. The caste/tribe certificate is issued by the Competent Authority, without any in depth enquiry into the claim made, and the genuineness as contemplated and is of a prima facie nature, based upon the documents submitted”, the Court elaborated.
Rejecting the plea of exclusive Central control, the Court held that caste validity verification does not interfere with or alter the terms and conditions of service of Central Government employees, emphasising that allowing an unverified or false caste claim to remain unquestioned merely due to the employee’s Central service status would undermine the object of reservation policy and the constitutional scheme of equality.
Concluding that “there is no unconstitutionality either in section 6(1) or 6(3) of the Act of 2000 and rule 9 of the Rules, 2003”, the Bench remarked that “a person securing employment in a public service, cannot be heard to say that his claim of belonging to a particular reserved category ought not to be tested and should be accepted as submitted, for that would be denial of a legitimate claim of a genuine person, who would be entitled to such employment, in case on scrutiny the claim of a person is found to be invalid”.
Conclusion
The High Court dismissed the challenge to the jurisdiction of the State authorities and upheld their power to verify caste certificates of Central Government employees availing reservation.
The petitions were accordingly dismissed.
Cause Title: Anand Shankarrao Kolhatkar & Others v. Union of India & Others
Appearances
Petitioners: Advocate S.R.Narnaware
Respondents: Birendra Saraf, Advocate General
