SC declines to hear PIL seeking verification of ST certificate
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SC declines to hear PIL seeking verification of ST certificate

Last Updated: Friday, February 25, 2011, 20:58
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New Delhi: The Supreme Court on Friday refused to entertain a PIL seeking a direction to all state governments and union territories to verify the authenticity of caste certificates of their Schedule Tribe employees.

A bench headed by the Chief Justice S H Kapadia declined to pass any order on the PIL asked the petitioner to approach High Courts of the states on this issue.

The petition was filed by All India Adivasi Employees Federation which alleged many people have managed to get government jobs on the basis of fake caste certificates and a proper inquiry is needed to verify their authenticity.

Advocate Anil Kumar, appearing for the Federation, submitted governments have not complied with the guidelines framed by the apex court in 1995 for issuing caste certificates.

"In a random check of caste certificates, CBI found 30 percent holder of fraudulent ST certificates in central government. In Maharashtra, 55 percent of certificates scrutinized were found invalid," he said adding the benefit of a reserved seat in education and employment to an impostor is a fraud on the Constitution.

"CBI team verified only a sample of 235 caste certificates. 106 were genuine while 77 (33 percent) were found to be forged/false," he said adding the Centre has "failed" to make uniform rules for issuance and verification of caste certificates as asked by the apex court earlier.

The court, however, was not convinced with his arguments and asked him to approach the High Courts.

PTI

First Published: Friday, February 25, 2011, 20:58

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B.K.Hedaoo - Cary NC U.S.A.
According to sec. 7 of The Scheduled Castes And The Scheduled Tribes (Amendment) Amendment Act, 1956, it os duty and responsibility of the Government of India to make the rules for the purpose of the the said Act. This purpose certainly includes verification of the castes or the caste certificates. According to the provision of entry No. 68 in the Union List the subject of caste etc. falls under the Anthropological Survey of India. No such subject falls in the State List or the Concurrent List. No Court including the Honourable Supreme Court is the proper or lawful authority to prescribe or lay down any guide lines for verification of any certificate. Therefire declining the to issue any directive by the Supreme Court is lawful.
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Yashavant Malaye - Mumbai
Bogus caste certificate of schedule Tbribes ia an AIDS to the Country which kills to real tribes one by one because there is no Doctor who can cure the said disease .It is rape on constitution
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Rajendra Maraskolhe - Nagpur
the issue related to fake caste certificate in many state of country itself narrets the mentality of uplifted people towards tribe.in the state of maharastra if there is 55 percent caste certificates in govt services found bogus then the question arises what are the constitutional safegaurds for tribe? , what action has been taken by the govt on 55 per`t bogus tribes ? what is the planing of govt for rehabilitation of 55 pert genuine tribes who r deprived of their constitutional rights?
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N. LAL - DHOLPUR RAJASTHAN
LOOTNE WALON KO LOOTNE DOO-SC/ST WALO KO TAMASA DEKHANE DO
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