SC/ST/ OBC certificates post 2013 may be void

SURAJ NANDREKAR

suraj@herald-goa.com

PANJIM: In an investigation, which exposes and puts a question mark on the validity of all caste certificates issued by the Directorate of Social Welfare, Herald has unearthed a major goof-up by the department.

Herald has laid hands on two orders issued by the Directorate of Social Welfare which could also attract contempt from the Apex Court.

A office memorandum issued by the directorate on 07/08/2013 says, “In pursuance with judgement of the Hon’ble Supreme Court in the matter Kumari Madhuri Patil and another v/s Additional Commissioner, tribal development and another, reported in 1994 (6) SCC the govt has issued following notification/ order for issuance of social status certificates and their scrutiny.”

Further, it says, as per the judgement government on 24/04/2001 has designated deputy collector and SDM as competent authority to issue caste certificates for SC/ STs and OBCs.

Further, it says, that on same date government has constituted a scrutiny committee for verification of caste certificates issued by the competent authority to persons belonging to SC/STs and OBCs.

What is more important is that it says, “Government has constituted a Vigilance Cell consisting of Deputy Superintendent of Police (Crime Branch) and two more Police Officers to 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.”

But three months later on 05/11/2013 an order issued by the directorate says, “In pursuance to the judgement and order dated 

September 23, 2013 of Hon’ble Court of Bombay at Goa in the Writ petition no 268/2013, the following procedure shall be strictly adhered to for verification of social status certificate.”

The order has laid down a procedure for Vigilance cell to be adopted. Instead of Vigilance cell inquiring, the new order says, “Upon receipt of the social status certificate by the concerned Vigilance Cell from the Directorate of Social Welfare or the Directorate of Tribal Welfare, the Vigilance Cell may forward the case to the concerned police station. The Station House Officer of the concerned police station, not below the rank of head constable to conduct the preliminary inquiry for grant of verification certificate by the Scrutiny Committee.”

Contempt of Court

Mukundraj Mudras, a concerned citizen, who has availed these documents under Right to information says, “All the caste certificates issued by the government are void and illegal.”

“The new order issued barely three months after the original order is in total violations of the guidelines framed by the Apex court in case of Madhuri Patil and State of Maharashtra,” he says, adding that the new certificates issued are in contempt of the Supreme Court order.

Mukundraj further says that as claimed by the order there is no revision by the Apex Court in the Madhuri Patil case and HC judgement in 2013 does not stand.

“If there is any amendments in the SC order than they have to mention it in the subsequent order of the Directorate of Social Welfare,” he explained, saying it is contempt. Further, he said, the authorities must take cognisance and withdraw the order else “we will challenge it”.

Dept caught unaware

Director of Social Welfare S V Naik, speaking to Herald, said that if there are any issues with the circular it may have to be redrafted. “I feel, the authorities/government then may have taken permission from the court and drafted the guidelines with their (court) approval,” he said.

However, he said, these issues were never brought to the department. “In case there is anything wrong we may have to re-draft the guidelines,” he added.

While the director has just casually made this statement that no discrepancies have been noticed so far, Herald questions what happens to the verification granted to certificates issues since 2013. Are they valid?