Sanjay Kishan Kaul, J. - (1.) The freedom at midnight was followed by the framing of the Indian Constitution. The Constitution of India (for short 'the Constitution') took special care, given the social and economic scenario of our country, to provide for certain special benefits and privileges for persons from the under-privileged communities, i.e., the Scheduled Castes (for short 'SCs') and the Scheduled Tribes (for short 'STs'). Thus, while prohibiting discrimination on grounds inter alia of race and caste, under Article 15 of the Constitution, while providing for equality of opportunity in matters of public employment under Article 16 of the Constitution, an enabling provision was made for providing reservation to people of these categories. In fact, Article 17, abolishing untouchability, was one more provision in this direction.
(2.) In the implementation of the aforesaid objectives, it became necessary to issue caste certificates for obtaining employment and admission to educational institutions. Unfortunately, this gave rise to vast area of malpractice as non-entitled persons managed to obtain such certificates for availing the benefits. This endemic problem forms the basis for the jurisprudential discussion in Kumari Madhuri Patil & Anr. v. Additional Commissioner, Tribal Development & Ors, 1994 6 SCC 241 (Kumari Madhuri Patil).
(3.) The facts in Kumari Madhuri Patil (supra) case itself are an illustration of this problem. The appellant before the Court was seeking a Caste Certificate on the basis of a Caste Certificate obtained by her sister, who was claiming on the basis of their father having obtained caste certificate, certifying him to be of 'Hindu Koli' caste. On investigation, the caste claims were found to be wrong and the certificates issued to the appellant therein and her sister were cancelled. This Court in the Kumari Madhuri Patil (supra) case, while discussing the various provisions of the Constitution, emphasised that the State was enjoined under our constitutional scheme to provide facilities and opportunities to the SCs and STs for education and employment, so as to result in economic improvement, resulting in excellence, equality of status and the right to live in dignity. Thus, any admission wrongly gained, or employment wrongly obtained, on the basis of a false social status certificate automatically has the effect of depriving a genuine person for whose benefit the rights have been conferred under the Constitution. Simultaneously, in view of the reservation, a General Category candidate loses the seat to an ineligible candidate, who really does not belong to the SC/ST community. No proper procedure or legislation provided for the checks and balances in issuance of these caste certificates and, thus, in the Kumari Madhuri Patil (supra) case, it was deemed necessary to issue directions to streamline the procedure for issuance of the social status certificates. There were fifteen (15) directions issued, but the two directions, which are relevant for the controversy raised in the present appeals, are as under: "4. All the State Governments shall constitute a Committee of three officers, namely, (I) an Additional or Joint Secretary or any officer higher in rank of the Director of the department concerned, (II) the Director, Social Welfare/Tribal Welfare/Backward Class Welfare, as the case may be, and (III) in the case of Scheduled Castes another officer who has intimate knowledge in the verification and issuance of the social status certificates. In the case of the Scheduled Tribes, the Research Officer who has intimate knowledge in identifying the tribes, tribal communities, parts of or groups of tribes or tribal communities. 5. Each Directorate should constitute a vigilance cell consisting of Senior Deputy Superintendent of Police in over-all charge and such number of Police Inspectors to investigate into the social status claims. The Inspector would go to the local place of residence and original place from which the candidate hails and usually resides or in case of migration to the town or city, the place from which he originally hailed from. The vigilance officer should personally verify and collect all the facts of the social status claimed by the candidate or the parent or guardian, as the case may be. He should also examine the school records, birth registration, if any. He should also examine the parent, guardian or the candidate in relation to their caste etc. or such other persons who have knowledge of the social status of the candidate and then submit a report to the Directorate together with all particulars as envisaged in the pro forma, in particular, of the Scheduled Tribes relating to their peculiar anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies, method of burial of dead bodies etc. by the castes or tribes or tribal communities concerned etc.";