Fraudulent claims to belong to a Scheduled Caste or Scheduled Tribe disentitle a person from continuing employment, and there is a need for a streamlined procedure for the issuance and verification of caste certificates to prevent unscrupulous persons from defeating the constitutional objectives intended for the benefit and advancement of genuine Scheduled Castes/Scheduled Tribes or backward classes.

J.B. Pardiwala, J.

1. Since the issues raised by the petitioner in both the captioned writ-applications are more or less the same, those were heard analogously and are being disposed of by this common judgment and order.

2. By these two writ-applications under Article 226 of the Constitution of India, the petitioner, a former employee of the Life Insurance Corporation, has prayed for the following reliefs in SCA No. 13640 of 2009

"A) To admit/allow the petition;

B) To quash and set aside the impugned order dated 23.11.2009 passed by the respondent No. 2 (Annexure "A");

C) Pending admission hearing and final disposal, to stay the operation, implementation and execution of the impugned order dated 23.11.2009 passed by the respondent No. 2 (Annexure "A");"

3. The reliefs prayed for in SCA No. 9669 of 2011 reads as under:--

"A) To admit and allow this petition;

B) To quash and set aside impugned order dated 15.4.2011 passed by the Senior Divisional Manager at Annexure "A" to the petition;

C) Pending admission hearing and final disposal, to stay the operation, implementation and execution of the impugned order dated 15.4.2011 passed by the Senior Divisional Manager (Annexure "A") to the petition;"

4. The facts of this case may be summarized as under:--

4.1 The petitioner was appointed by the Life Insurance Corporation on the post of Clerical Assistant in the year 1982. He was appointed as a candidate belonging to the Scheduled Tribes.

4.2 In the year 2003, one application in the form of a complaint was received by the Corporation that the petitioner had procured appointment in the year 1982 by furnishing a false Caste Certificate, which was issued by a City Mamlatdar.

4.3 Upon receipt of such complaint, the Corporation referred it to the Commissioner of Tribal Development, Gandhinagar. Pursuant thereto, by letter dated 17.2.2004, the City Mamlatdar issued notice to the petitioner and sought his explanation as regards the genuineness of the Caste Certificate.

4.4 The petitioner explained that his father and forefathers were from the State of Uttar Pradesh. He further explained that "Chaudharis' in the State of Uttar Pradesh are considered as members of the Scheduled Tribes. He also explained that in the Leaving Certificate, it has been stated as "Hindu-Chaudhari". He explained that he had no idea that the "Chaudhari" of the State of U.P are not considered as the members of the Scheduled Tribes in the State of Gujarat. He however, admitted that he had represented himself to be a member of the Scheduled Tribes and on the basis of the same, the Certificate was issued on 14.8.1981, which reads as under:

"CASTE CERTIFICATE

It is hereby certified that Shri Chaudhari Sohanveersingh, Son of Ishwarsingh.... of village....... Taluka....... District Dhikauli belongs to H. Chaudhari (Tribe) which is one of the Tribes, recognized by the Government of Gujarat as Scheduled Tribe.

Place : Ahmedabad

Date: 14.8.81"

4.5 It appears that the City Mamlatdar accordingly prepared a report dated 31.3.2009. Thereafter, the petitioner was directed to appear before the Scrutiny Committee. The Scrutiny Committee constituted by the State Government recorded a finding that the petitioner had procured the Caste Certificate by a false representation and the Certificate was liable to be cancelled.

4.6 The Commissioner, Scheduled Tribes, State of Gujarat, by order dated 23.11.2009, cancelled the Caste Certificate and ordered appropriate action in the matter. The Commissioner also ordered that appropriate action be taken against the Mamlatdar, who, at the relevant point of time had issued such false certificate. However, such action could not be taken as the said Mamlatdar passed away.

4.7 On the basis of the order passed by the Commissioner, cancelling the Caste Certificate, the Corporation passed an order terminating the services of the petitioner. The order of terminati