Fake Caste Certificate: Karnataka HC upholds dismissal of AYUSH medical officer

Bengaluru: Highlighting the seriousness of using false information to secure benefits or opportunities, the Karnataka High Court recently came down heavily on an AYUSH medical officer who obtained the job by producing a false caste certificate.   

Upholding the dismissal of his appointment and cancellation of his caste certificate, the court dismissed his petition which sought his reinstatement in service by challenging the cancellation of his caste certificate.  

During the hearing, a single-judge bench of Justice V Srishananda said "There is no question of time limit for questioning benefits obtained from fake caste certificate."

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According to the Deccan Herald news report, the petition was filed by Dr ****, who got the post of AYUSH medical officer in September 1995 by obtaining a fake Gonda caste certificate which comes under the Scheduled Tribe category. Based on his caste certificate, his service was permanent and he served in different parts of the state. However, the fraudulent activity came to light when the district Ayush officer filed a complaint against the petitioner and an enquiry was conducted.

After the investigation, it was revealed that he belongs to the Kuruba community, coming under the Backward Castes category but presented a fake caste certificate to obtain the job. Therefore, the health department cancelled his caste certificate and terminated his appointment in September 2014.

Challenging the authorities' decision, the doctor approached the high court contending that the Kuruba and Gonda communities are the same in the Kalaburagi district and these words are used as synonyms.

Examining the documents, the court said, "In the form filled by the petitioner while joining the college in Vijaypur, the petitioner has mentioned that he is a Hindu (Kuruba) and belongs to a backward class. However, how is it possible to change to belong to the Gonda caste of the Scheduled Tribe at the time of joining the job?''

"Had the petitioner really belonged to the ST category, he would not have been mentioned as Kuruba caste while joining the college in 1975. Therefore, the petitioner has not approached the court with clean hands. They have concealed many things to get an order in their favour," said the court quoted by VK Karnataka.

“..knowing fully well that he does not belong to the Scheduled Tribe, he suppressed the material facts and was able to get employment as a Scheduled Tribe person by not only creating a false document in the form of a caste certificate and produced before the employer and gained himself, but also denied a fair chance of a Scheduled Tribe person being appointed for the said post,” said Justice V Srishananda.

When the petitioner questioned the court about the delay in action, the bench responded "The question of delay in taking the action cannot be taken advantage of by the petitioner since if a fraud has been committed by a person at the inception and obtained benefit thereof, there cannot be any limitation to question the said fraudulent act. A fraudulent document is non est from the beginning and any benefits taken thereof cannot also be countenanced in law on the ground of delay and mercy.”

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