Tirumalasetty Suresh Babu v. State of Andhra Pradesh
2014-11-21
NOOTY.RAMAMOHANA RAO
body2014
DigiLaw.ai
ORDER : Nooty Ramamohana Rao, J. 1. This Writ Petition has been filed by the very same petitioner in Writ Petition No. 13936 of 2014. He challenges the correctness of the orders passed by the District Collector on 19.09.2014, whereby the District Collector informed the District Educational Officer, SPSR Nellore District that amongst various others, the petitioner is also one who has produced a bogus social status certificate as member belonging to Scheduled Tribes and got employment as a Teacher on that basis and hence, requested him to take necessary follow-up action, under Section 11 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993. 2. This proceeding, to the extent the writ petitioner is concerned, shall be hibernated till 31.12.2014. If the District Collector, SPSR Nellore comes to the conclusion that the writ petitioner does genuinely belong to the Scheduled Tribe community, then, he shall recall the proceedings, dated 19.09.2014. If, for any reason, he is not in a position to finalize the proceedings by 31.12.2014, he shall appropriately instruct the District Educational Officer, Nellore to await for his decision with regard to the genuineness of the social status claim of the petitioner before giving effect to the communication, dated 19.09.2014. 3. In case the District Collector arrives at a conclusion that the social status claim of the petitioner is a fake one and consequently, the social status certificate issued to him earlier is cancelled by him, he shall intimate the said fact to the District Educational Officer, Nellore, so that the necessary follow-up action, pursuant to the instructions passed on 19.09.2014, can be initiated against the petitioner, but not otherwise. Accordingly, this Writ Petition stands disposed of. No costs. 4. It is very important to note that the benefits, which are meant for the members belonging to the Scheduled Castes and the Scheduled Tribes should be availed by the person, who genuinely belongs to those categories.
Accordingly, this Writ Petition stands disposed of. No costs. 4. It is very important to note that the benefits, which are meant for the members belonging to the Scheduled Castes and the Scheduled Tribes should be availed by the person, who genuinely belongs to those categories. If such benefits are put to misuse and abuse by any member, who does not belong to the Scheduled Castes or the Scheduled Tribes, apart from the criminal prosecution, which should be followed against any such person, in terms of Section 11 of the Act, he shall also be made to pay, as a measure of damages/compensation, for the civil wrong indulged in, for the false claim made and the benefits thus derived, by imposing suitable amount. Such amount, depending upon the nature of the benefit availed and its duration should vary from a sum of Rs. 1 lac to Rs. 25 lac. This measure should be adopted by the State as a policy, so that bogus and fake claimants will get deterred in making such claims. 5. There are increasing number of instances coming to the notice of this Court, where in educational institutions such as, medical colleges, dental colleges, engineering colleges, colleges of management and various post-graduate colleges, the persons, who do not belong to the particular reserved group, are claiming nonetheless the benefits of reservation. As a consequence, the bogus claimants are able to complete the course and retain the benefit of the same. By this process of abuse, some advantages are derived by them unjustly. Therefore, heavy amounts ranging between Rs. 20 - 25 lac should be imposed as compensatory costs on such claimants depending upon the scarcity of the seats available in the course concerned. Further, the act of misuse or abuse simultaneously results in denying the benefits from being secured by a genuine candidate. The injustice done in the process to that unknown face of the genuine claimant remains mostly un-redressed. Therefore, as a deterrent measure, this policy should be adopted, at the earliest, so that the benefits of reservations can be ensured to percolate only to the genuine candidates {see Kumari Madhuri Patil v. Addl. Commr., Tribal Development (1994) (6) SCC 241; Anjan Kumar v. Union of India (2006) 3 SCC 257 )}. 6.
Therefore, as a deterrent measure, this policy should be adopted, at the earliest, so that the benefits of reservations can be ensured to percolate only to the genuine candidates {see Kumari Madhuri Patil v. Addl. Commr., Tribal Development (1994) (6) SCC 241; Anjan Kumar v. Union of India (2006) 3 SCC 257 )}. 6. Registry to communicate a copy of this order to the Chief Secretary to the Government of Andhra Pradesh with a request to take appropriate policy measure. 7. The miscellaneous petitions, if any, shall also stand disposed of.