Madras HC Directs TN Govt to Form More Scrutiny Committees to Expedite Probes Into Bogus Community Certificates - 2025-04-25

Madras High Court Orders Swift Action on Bogus Community Certificates, Directs State to Form More Scrutiny Committees

CHENNAI: Taking serious note of the widespread issue of bogus community certificates and the inordinate delays in their verification, the Madras High Court has directed the Tamil Nadu government to constitute the required number of State Level Scrutiny Committees (SLSC) to expedite pending inquiries. The division bench, comprising Justice S.M. Subramaniam and Justice K. Rajasekar , emphasized that such measures are crucial to protect the "sanctity of the reservation policy."

The court issued the directions while disposing of a writ petition filed by the Bank of Baroda, which sought timely verification of the community status of 22 of its employees.

Background of the Case

Bank of Baroda approached the High Court expressing its grievance that numerous inquiries into the authenticity of community certificates, submitted by its employees to secure jobs under the reservation quota, were languishing before the SLSC. The bank highlighted the administrative deadlock it faced, particularly in settling retirement benefits for employees who were on the verge of superannuation while facing charges related to fraudulent certificates. The bank's latest representation on this matter was dated March 11, 2025.

Court's Observations and Directives

The bench observed that the delay by the SLSC was a matter of rising concern, not just for the petitioner bank but for the integrity of public employment as a whole. The court pointed out two significant problems: the issuance of bogus certificates by revenue authorities and the non-cooperation of accused employees during the verification process.

In a pivotal move, the court suo motu impleaded the Secretary to the Government, Adi Dravidar and Tribal Welfare Department, to ensure the government takes direct responsibility for resolving the issue.

The judgment highlighted key directives for the state government and its authorities:

"The respondents are directed to ensure that required number of State Level Scrutiny Committees are constituted for effective disposal of the enquiries pending before the Committee and further ensure that the community certificates are issued after complete scrutiny and by way of conducting appropriate enquiry as per the procedures contemplated."

The court also underscored the need for accountability, stating that officials issuing bogus certificates must be held responsible and that disciplinary action should be taken against authorities for lapses, dereliction of duty, and negligence.

Procedural Mandates and Non-Cooperation

The High Court reiterated the importance of adhering to the procedures laid down in government order G.O.(Ms).No.104, dated August 21, 2023. This manual mandates a strict timeline, including completing inquiries "as expeditiously as possible preferably by day-to-day proceedings within a period not exceeding two months."

Addressing the issue of employees delaying proceedings, the court clarified:

"...in the event of non-cooperation by any of the party, the State Level Scrutiny Committee or the competent Authority is empowered to record such non-cooperation and proceed with the matter without any further delay. Importantly, reasons and the non-cooperation must be specified in the order itself."

Final Order and Broader Implications

The High Court disposed of the writ petition by directing the government to pass appropriate orders to set up additional committees within six weeks from the receipt of the court's order. Furthermore, the Registry was instructed to communicate the order to the Chief Secretary of Tamil Nadu to ensure government-wide compliance.

This judgment serves as a significant directive aimed at clearing the backlog of certificate verification cases, reinforcing the integrity of the reservation system, and holding both fraudulent beneficiaries and complicit officials accountable.