Big Racket Involved In Creating Bogus Community Certificates: Madras High Court Asks State To Launch Criminal Prosecution

The Madras High Court while pointing towards the operation of a big racket in community certificate matters has directed the State Government to initiate all appropriate actions to ensure that the issuance of false/bogus certificates is stopped forthwith.

The Court was considering a writ petition seeking direction to the Revenue Divisional Officer to issue “Kurumans” Scheduled Tribe Community Certificates to the Petitioner's children.

The Division Bench of Justice SM Subramaniam and Justice K Rajasekar observed, "As far as the case on hand is concerned, the District Collector, Tirupattur is directed to issue necessary instructions to all the Revenue Divisional Officers/Tahsildars to ensure that the Scheduled Tribe community certificates issued in doubtful manner are reviewed and all appropriate actions are taken to ascertain the genuinity of the certificates. In the event of identifying such false or bogus certificates, criminal prosecution are to be launched. Regarding cancellation of such bogus or incorrect certificates, due procedures are to be followed as per law."

The Petitioner was represented by Advocate M.Radhakrishnan while the Respondents were represented by Government Pleader A.Selvendran.

Facts of the Case

The Petitioner, belonging to “Kurumans” community, a Scheduled Tribe made an application to the RDO for issuance of a Scheduled Tribe Community Certificate to her children on the basis of the Community Certificate of her own brother and his son which was rejected. An appeal against the same resulted in confirmation of the original order.

Counsel for the Petitioner contended that when the brother of the Petitioner and her brother's son secured the Scheduled Tribe Community Certificates stating that they belong to “Kurumans” community, the said benefit has to be extended to the Petitioner also.

On the other hand, Special Government Pleader opposed the same by stating that when the son of the Petitioner secured the Most Backward Class certificate in the year 2009 and the said certificate is in force, now the petitioner, who is the mother, cannot claim Scheduled Tribe community certificate, which raises a doubt and therefore the authorities have conducted enquiry and found that the family of the Petitioner did not belong to Kurumans-Scheduled Tribe Community.

Reasoning By Court

The Court took note of the fact that the school records reveal that the Petitioner belongs to Most Backward Class Community and also the fact that she failed to submit any document to establish that she belongs to Kurumans-Scheduled Tribe community and even during the course of enquiry, she did not produce any document before the Revenue Divisional Officer.

Noting that it come across several such community certificates issued to some persons on the basis of which, their close relatives are also claiming Scheduled Tribe community certificate, the Court hinted towards presence of a big racket in the same and urged the State to take appropriate steps to contain the same.

"This Court come across several such community certificates issued to some persons and based on the said certificate, their close relatives are also claiming Scheduled Tribe community certificate. There is a big racket going on in community certificate matters and the State Government has to initiate all appropriate actions to ensure that issuance of false/bogus certificates are stopped forthwith, failing which the very objective of reservations under the Indian Constitution will be defeated. The genuinity in the matter of grant of reservation under the Indian Constitution is to be protected. Only persons who are all genuinely Scheduled Tribe alone are entitled to avail the benefits of reservation in public employment, welfare schemes etc. Now people are tempted to secure Scheduled Tribe certificate based on the certificate of their relatives and other persons. Such an approach of any person is to be thwarted and those persons who have obtained such false community certificates are liable to be prosecuted under the criminal law. Any false or bogus records relating to community certificate, more specifically, Scheduled Tribe is to be viewed seriously. These people are availing reservation and other benefits under various schemes and therefore the assessment or correctness of the certificate is to be verified by the competent authorities. Even if a reference certificate has been given to the authorities, the authenticity of those certificates are also to be verified and in the event of identifying that the said certificates are in correct, bogus or otherwise, actions are to be initiated to cancel the community certificate and to prosecute those offenders who are involved in securing such bogus community certificates," the Court observed.

The Petition was accordingly disposed off.

Cause Title: V. Samburanam vs. The District Collector (2025:MHC:630)

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