CHENNAI: Obtaining SC/ST community certificates by fraudulent means would amount to raping the Constitution, the Madras High Court has observed.
A division bench comprising Justice Elipe Dharma Rao and Justice S Tamilvanan made the observation while dismissing a writ petition from TR Vijayanandan, who joined the LIC by producing a bogus community certificate, challenging his dismissal from service.
Producing a certificate showing that he belonged to ‘Konda Reddy’ community, an ST, he joined the LIC. Later ,it was found that he belonged to ‘Reddy’ community, a forward class, and was removed from service, in 2001. Hence the present petition.
Dismissing the petition, the Bench pointed out that the Constitution had guaranteed equal rights and afforded reservations for the communities oppressed for generations together.
Persons like Vijayanandan, were falsely claiming the benefits extended to the oppressed communities solely with a view to reaping the benefits extended to the underprivileged at the cost of the welfare of such people.
The strength of the evidence available on record would show that the cultural characteristics of the petitioner’s family had similarities only with the Reddy community and not with the Konda Reddy community. Further, the material available on record clearly showed that the petitioner and his deceased father had attempted to play a fraud on the Constitution, taking advantage of similarities between the words ‘Reddy’ and ‘Konda Reddy’, and if people of this type were let out freely without being prosecuted and punished, the same would amount to raping the Constitution and further shaking the people’s confidence, the judges said.
The State Level Scrutiny Committee had considered all the facts and circumstances of the case in their proper perspective and correctly arrived at their conclusion, rejecting the petitioner’s claim and ordering an initiation of criminal proceedings against him. "We find no illegality or irregularity of whatsoever and we find no merits in the petition," the bench said and dismissed the same.