Writ Petition No. 56 of 2020

15th January 2020

Petitioner Counsel: Shri Nitin Meshram Shri S.D. Borkute
Respondent Counsel: Smt. S.S. Jachak
Act Name: Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 Constitution of India, 1950

Section :
Section 2(b) Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 Section 3 Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 Section 4 Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 Section 6(1) Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 Section 6(2) Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 Section 6(3) Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 Section 7(1) Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 Section 10 Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 Section 11 Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 Section 12A Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

Cases Cited :
Para 5: Kumari Madhuri Patil and another Vs. Addl. Commissioner, Tribal Development and others, reported in (1994) 6 SCC 241
Para 15: Chairman and Managing Director, Food Corporation of India and others Vs. Jagdish Balaram Bahira and others, reported in (2017) 8 SCC 670
Para 27: Savita w/o Sachin Totewad Vs. State of Maharashtra, in Writ Petition No.7735 of 2019

JUDGEMENT

R.K. DESHPANDE, J.

1. Rule. Heard the learned counsels appearing for the parties. The petition is being disposed of finally.

2. The petition challenges a clause in the advertisement dated 26-12-2019 published by Zilla Parishad, Gadchiroli, which requires production of caste validity certificate from the applicants desirous of getting selection and appointment against the post reserved for Scheduled Tribe category. The applications are invited for 11 categories of posts reserved for Scheduled Tribe candidates, in the services of Zilla Parishad Gadchiroli, which include the higher post of Junior Engineer to the lower post of Attendant.

3. The ground of challenge is that such a clause is contrary to the provision of Section 3 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short, “the said Act”), which permits submission of application only upon production of caste validity certificate to claim the employment in a post reserved for Scheduled Tribe category. It is urged that the petitioner has right of being considered for the post without production of caste validity certificate. Our attention is also invited to the provision of sub-section (3) of Section 6 of the said Act to urge that it is only after selection of a candidate for the post reserved for Scheduled Tribe category, the employer is required to forward the caste certificate to the Scrutiny Committee for verification and issuance of validity certificate.

4. It is further urged that after appointment of the petitioner, the claim can be forwarded to the Scrutiny Committee for issuance of validity certificate in accordance with the provisions of the said Act and the Rules framed thereunder. If the claim is invalidated, the services can be discharged or terminated or selection and appointment made can be cancelled, as prescribed under Section 10 of the said Act and even the prosecution can be instituted for the offence under Section 11 of the said Act. It is claimed that such clause incorporated in the advertisement be set aside and all those who satisfy the requirement of production of caste certificate for the post reserved for Scheduled Tribe category be considered and processed for appointment without insisting upon production of caste validity certificate.

5. Before proceeding to consider the controversy involved in this petition, we would like to highlight the background in which the said Act was brought into force in the State of Maharashtra. The question of usurpation of benefits by the persons who did not belong to the beneficiary groups came up for consideration before the Apex Court in the case of Kumari Madhuri Patil and another v. Addl. Commissioner, Tribal Development and others, reported in (1994) 6 SCC 241. In this judgment, delivered on 2-9-1994, the Apex Court addressed the need for scrutiny and verification of caste claims. The judgment lays down detailed guidelines for constitution of the committees by the State Governments for scrutinizing claims of candidates of a backward community designated for reservations. The direction issued envisaged the constitution of Vigilance Cells which would conduct local enquiries to determine the authenticity of a claim for grant of benefits or concessions available for various categories of backward classes in the matter of admissions to the educational institutions, contesting for elective posts in local authorities and self-Governments or the co-operative societies and in public employment. The legislative codification of the broad principles or guidelines laid down in Madhuri Patil’s case, is done in the said Act brought into force with effect from 18-10-2001. The object and purpose underlying the said Act is to regulate the issuance of caste certificates and to deal with instances which had come to light where persons who did not belong to the Scheduled Castes or Tribes or reserved categories were seeking appointments to the detriment of genuine candidates. The basic purpose and rationale for the legislation is, to secure the just entitlements of legitimate claimants.

6. Section 3 of the said Act deals with an application for a caste certificate, which is reproduced below :
“3. Application for a Caste Certificate.
Any person belonging to any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category, required to produce a Caste Certificate in order to claim the benefit of any reservation provided to such Castes, Tribes or Classes, either in any public employment or for admission into any educational institution, or any other benefit under any special provisions made under clause (4) of Article 15 of the Constitution of India or for the purpose of contesting for elective post in any local authority or in the Co-operative Societies; or for purchase or transfer of land from a tribal land-holder or any other purposes specified by the Government, shall apply in such form and in such manner as may be prescribed, to the Competent Authority for the issue of a Caste Certificate.”
In terms of the aforesaid provision, any person belonging to any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category required to produce a caste certificate for the purpose of claiming the benefit of any reservation provided to such castes, tribes or classes in any public employment, is required to apply in such form and in such manner, as may be prescribed, to the Competent Authority for the issue of a caste certificate.

7. The “Competent Authority” is described under Section 2(b) of the said Act as under :
“2(b). “Competent Authority” means a officer or authority authorised by the Government, by notification in the Official Gazette, to issue a Caste Certificate, for such area or for such purposes as may be specified in the said notification and shall include all the Competent Authorities already designated by the Government before the coming into force of this Act, having jurisdiction over the area or place to which the applicant originally belongs, unless specified otherwise.”
By issuing several notifications in the Official Gazette, the Government has prescribed the officer or the authority competent to issue a caste certificate.

8. Section 4 of the said Act deals with the caste certificate to be issued by the Competent Authority, and sub-section (1) therein being relevant, is reproduced below :
“4. Caste Certificate to be issued by Competent Authority.
(1) The Competent Authority may, on an application made to it under section 3, after satisfying itself about the genuineness of the claim and the following the procedure as prescribed, issue a Caste Certificate within such time limit and in such form as may be prescribed or reject the application for reasons to be recorded in writing.
(2) A Caste Certificate issued by any person, officer or authority other than the Competent Authority shall be invalid. The Caste Certificate issued by the Competent Authority shall be valid only subject to the verification and grant of validity certificate by the Scrutiny Committee.”
In terms of the provision of sub-section (1) of Section 4 above, the Competent Authority, upon receipt of an application under Section 3 and after satisfying itself about genuineness of the claim, has to issue the caste certificate within such time and in such form and in such manner, as may be prescribed, after following the procedure prescribed for that purpose. If a caste certificate is issued by any person, officer or authority other than the Competent Authority, it is declared to be invalid under sub-section (2). The caste certificate issued by the Competent Authority is made be valid only subject to verification and grant of validity certificate by the Scrutiny Committee.

9. Section 6 deals the verification of caste certificate by the Scrutiny Committee, and it reads as under :
“6. Verification of Caste Certificate by Scrutiny Committee.
(1) The Government shall constitute by notification in the Official Gazette, one or more Scrutiny Committee(s) for verification of Caste Certificates issued by the Competent Authorities under sub-section (1) of section 4 specifying in the said notification the functions and the area of jurisdiction of each of such Scrutiny Committee or Committees.
(2) After obtaining the Caste Certificate from the Competent Authority, any person desirous of availing of the benefits or concessions provided to the Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category for the purposes mentioned in section 3 may make an application, well in time, in such form and in such manner as may be prescribed, to the concerned Scrutiny Committee for the verification of such Caste Certificate and issue of a validity certificate.
(3) The appointing authority of the Central or State Government, local authority, public sector undertakings, educational institutions, Co-operative Societies or any other Government aided institutions shall, make an application in such form and in such manner as may be prescribed, by the Scrutiny Committees for the verification of the Caste certificate and issue of a validity certificate, in case a person is selected for an appointment with the Government, local authority, public sector undertakings, educational institutions, Co-operative Societies or any other Government aided institutions who has not obtained such certificate.
(4) The Scrutiny Committee shall follow such procedure for verification of the Caste Certificates and adhere to the time limit for verification and grant of validity certificate, as prescribed.”
After obtaining the caste certificate from the Competent Authority, any person desirous of availing of the benefits or concessions provided to the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category for the purposes mentioned in Section 3 has to make an application well in time in such form and in such manner as is prescribed under sub-section (2) of Section 6, to the concerned Scrutiny Committee constituted under sub-section (1) therein, for the verification of such caste certificate and issue of a validity certificate. Where the appointment is made in any post reserved for any of the backward class categories in the services of the Central or State Government, local authority, public sector undertakings, educational institutions, Co-operative Societies or any other Government aided institutions, the appointing authority is required to forward a proposal to the Scrutiny Committee for issuance of caste validity certificate. The Scrutiny Committee so constituted, has to follow such procedure in terms of sub-section (4) of Section 6 above, for verification of the caste certificates and adhere to the time-limit for verification and grant of validity certificate, as prescribed.

10. Sub-section (1) of Section 7 of the said Act dealing confiscation and cancellation of false caste certificate being relevant, is reproduced below :
“7. Confiscation and cancellation of false Caste Certificate.- (1) Where, before or after the commencement of this Act, a person not belonging to any of the Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category has obtained a false Caste Certificate to the effect that either himself or his children belong to such Castes, Tribes, or Classes, the Scrutiny Committee may, suo motu or otherwise call for the record and enquire into the correctness of such certificate and if it is of the opinion that the certificate was obtained fraudulently, it shall, by an order, cancel and confiscate the certificate by following such procedure as prescribed, after giving the person concerned an opportunity of being heard, and communicate the same to the concerned person and the concerned authority, if any.”
Section 7 of the said Act provides for the cancellation of a caste certificate where, before or after the commencement of the Act, a person who does not belong to a reserved category has obtained a false caste certificate either for himself or for any of his children and the Scrutiny Committee, after enquiry, is of the opinion that the certificate was obtained fraudulently, these requirements have to be fulfilled before the certificate is cancelled. The falsity of the caste certificate and the opinion of the Scrutiny Committee of its being fraudulently obtained, form the basis of a cancellation under Section 7.

11. Section 10 deals with the benefits secured on the basis of false caste certificate to be withdrawn and it runs as under :
“10. Benefits secured on the basis of false Caste Certificate to be withdrawn.- (1) Whoever not being a person belonging to any of the Scheduled castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category secures admission in any educational institution against a seat reserved for such Castes, Tribes or Classes, or secures any appointment in the Government, local authority or in any other Company or Corporation, owned or controlled by the Government or in any Government aided institution or Co-operative Society against a post reserved for such Castes, Tribes or Classes by producing a false Caste Certificate shall, on cancellation of the Caste Certificate by the Scrutiny Committee, be liable to be debarred from the concerned educational institution, or as the case may be, discharged from the said employment forthwith and any other benefits enjoyed or derived by virtue of such admission or appointment by such person as aforesaid shall be withdrawn forthwith.
(2) Any amount paid to such person by the Government or any other agency by way of scholarship, grant, allowance or other financial benefit shall be recovered form such person as an arrear of land revenue.
… … ...”
Sub-section (1) of Section 10 prescribes that a person who does not belong to a reserved category and secures an appointment against a reserved post by producing a false caste certificate shall upon its cancellation by the Scrutiny Committee be discharged from employment forthwith and the benefits derived by virtue of such appointment shall be withdrawn. Sub-section (2) provides for recovery of all financial benefits. Thus, Section 10 of the said Act provides for the consequences.

12. Section 11 provides for the offences and penalties and sub-section (1) therein being relevant, runs as under :
“11. Offences and penalties.-(1) Whoever,-
(a) obtained a false Caste Certificate by furnishing false information or filing false statement or documents or by any other fradulent means; of
(b) not being a person belonging to any other the Scheduled Castes, Scheduled Tribes, De-Notified tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category secures any benefits or appointments exclusively reserved for such Castes, Tribes or Classes in the Government, local authority or any other Company or Corporation owned or controlled by the Government or in any Government aided institution, or secures admission in any educational institution against a seat exclusively reserved for such Castes, Tribes or Classes or is elected to any of the elective officers of any local authority or Cooperative Society against the office, reserved for such Castes, Tribes or Classes by producing a false Caste Certificate;
shall, on conviction, be punished, with rigorous imprisonment for a term which shall not be less than six months but which may extend upto two years or with fine which shall not be less than two thousand rupees, but which may extend upto twenty thousand rupees or both.”
In terms of sub-section (1)(b) of Section 11, whoever, not belonging to any of the backward class category secures any appointment exclusively reserved for such category in the Government, local authority or any other Company or Corporation owned or controlled by the Government or in any Government aided institution by producing a false caste certificate is liable for punishment, upon conviction, with rigorous imprisonment for a term shall not be less than six months, extendable upto two years with fine, as prescribed.

13. We may now take judicial notice of the practice prevailing and adopted before and after coming into force of the said Act for selection and appointment to any post in public employment or the post in any institution or establishment receiving grant-in-aid from the Central or State Government, reserved for any of the categories or backward classes, including the post reserved for Scheduled Tribe category. The appointments or promotions were made available, either subject to production of caste validity certificate within stipulated period or without there being any condition of producing such certificate from the Scrutiny Committee. Even persons belonging to one category of backward class were claiming and appointed against the posts reserved for another category of backward class. After the decision of the Apex Court in Madhuri Patil’s case also, such selections and appointments were made and continued without producing a caste validity certificate. This was in terms of Para 11 and Guideline No.10 in the decision of the Apex Court in Madhuri Patil’s case. The same practice continued even after bringing into force of the said Act.

14. The necessary consequence of the aforesaid practice prevailing was that the persons who really did not belong to a particular category of backward class, continued to enjoy the appointments or promotions and the benefits and concessions meant for backward class category, for years together, though they did not belong to it, and this was in deprivation of legitimate claims. Even after invalidation of their caste claims by the Scrutiny Committee, they continued to enjoy the protection in service or from withdrawal of benefits or concessions received, either under the orders passed by this Court or under various Government Resolutions issued for that purpose. In many cases, the appointees have even retired upon superannuation and continued to get pension and other retiral benefits.

15. In the decision of the Apex Court delivered in the case of Chairman and Managing Director, Food Corporation of India and others v. Jagdish Balaram Bahira and others, reported in (2017) 8 SCC 670, the issue of grant of protection in service to the imposters came up for consideration and the Apex Court has observed in Para 56 as under :
“56. Service under the Union and the States, or for that matter under the instrumentalities of the State subserves a public purpose. These services are instruments of governance. Where the State embarks upon public employment, it is under the mandate of Articles 14 and 16 to follow the principle of equal opportunity. Affirmative action in our Constitution is part of the quest for substantive equality. Available resources and the opportunities provided in the form of public employment are in contemporary times short of demands and needs. Hence, the procedure for selection, and the prescription of eligibility criteria has a significant public element in enabling the State to make a choice amongst competing claims. The selection of ineligible persons is a manifestation of a systemic failure and has a deleterious effect on good governance. Firstly, selection of a person who is not eligible allows someone who is ineligible to gain access to scarce public resources. Secondly, the rights of eligible persons are violated since a person who is not eligible for the post is selected. Thirdly, an illegality is perpetrated by bestowing benefits upon an imposter undeservingly. These effects upon good governance find a similar echo when a person who does not belong to a reserved category passes of as a member of that category and obtains admission to an educational institution. Those for whom the Constitution has made special provisions are as a result ousted when an imposter who does not belong to a reserved category is selected. The fraud on the Constitution precisely lies in this. Such a consequence must be avoided and stringent steps be taken by the Court to ensure that unjust claims of imposters are not protected in the exercise of the jurisdiction under Article 142. The nation cannot live on a lie. Courts play a vital institutional role in preserving the rule of law. The judicial process should not be allowed to be utilised to protect the unscrupulous and to preserve the benefits which have accrued to an imposter on the specious plea of equity. Once the legislature has stepped in, by enacting Maharashtra Act 23 of 2001, the power under Article 142 should not be exercised to defeat legislative prescription. The Constitution Bench in Milind spoke on 28-11-2000. The State law has been enforced from 18-10-2001. Judicial directions must be consistent with law. Several decisions of two-Judge Benches noticed earlier, failed to take note of Maharashtra Act 23 of 2001. The directions which were issued under Article 142 were on the erroneous inarticulate premise that the area was unregulated by statute. Shalini noted the statute but misconstrued it.”
The aforesaid decision of the Apex Court clearly lays down that the constitutional mandate under Articles 14 and 16 is to follow the principle of equal opportunity. The equal opportunity contemplated is to the persons who are eligible to get berth in the reserved vacancies in public employment. If ineligible persons are allowed to gain access to scarce public resources, the rights of eligible persons are violated and the illegality is perpetrated in bestowing benefits upon an imposter undeservingly. The fraud on the Constitution precisely lies when genuine claimant of reserved category is ousted by selecting an imposter who does not belong to reserved category for which he is selected.

16. In the aforesaid background of legislation and the law laid down by the Apex Court in the judgment in Jagdish Balaram Bahira’s case, it seems to us that the condition is incorporated in the advertisement impugned in this petition that only such candidates who produce the caste validity certificate for the posts reserved for various categories of backward classes including the Scheduled Tribes shall be considered for selection and appointment to such reserved posts. This is made clear in the advertisement impugned.

17. In our view, there is neither any legal/statutory right nor a fundamental right of being considered for selection and appointment to the post reserved for backward class categories, unless eligibility for such claim is established. The requirement of making selection and appointment on provisional basis subject to production of caste validity certificate, laid down in Madhuri Patil’s case, in our view, was discretionary and transitory in nature, which operated till 18-10-2001, when the said Act was brought into force. In the absence of any specific provision enabling the authorities to make selection and appointment on provisional basis subject to production of caste validity certificate introduced under the said Act, no such selection and appointment on provisional basis could be made, even of a candidate belonging to backward class category, other than one for which reservation is made. Be that as it may, such practice continued even after bringing into force of the said Act, which can operate only in the transitory period and not in perpetuity.

18. Now the practice prevailing has been brought to an end after about a period of nineteen years of bringing into force of the said Act by incorporating a specific clause in the advertisement that the eligibility for selection and appointment to the post reserved for a particular category of backward class community shall be decided only on the basis of the production of the caste validity certificate issued by the Scrutiny Committee constituted under sub-section (2) of Section 6 of the said Act. In our view, the very object and purpose of introducing such clause or condition is three-fold - (i) to prevent entry of spurious, ingenuine and ineligible claimants, (ii) to promote the claims of genuine and eligible claimants, and (iii) to suppress the mischief by curbing illegal practice to advance justice. It is a step taken to enforce the constitutional mandate of equal opportunity provided under Articles 14 and 16 and to prevent the fraud, which is being played and perpetrated by bestowing the benefits upon an imposter undeservingly, as has been laid down by the Apex Court in the case of Jagdish Balaram Bahira, and we must welcome it.

19. We now turn to the interpretation of the provisions of the said Act. In terms of Section 3 therein, any person belonging to any of the Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category, required to produce a caste certificate in order to claim the benefit of any reservation provided to such categories in the public employment has to apply to the Competent Authority in such form and in such manner as is prescribed for that purpose under the said Act. The language employed under Section 3, more particularly, the words “required to produce” clearly suggest the production after coming into force of the said Act. The provision, therefore, operates with effect from 18-11-2001 and from this date, no person can claim selection and appointment in any public employment without establishing his eligibility for the post reserved for particular category of backward class, by production of caste certificate obtained from the “Competent Authority”, as defined under Section 2(b) of the said Act. The provision is mandatory.

20. After obtaining such caste certificate, any person desirous of availing of the benefits or concessions provided for all such backward class categories for the purposes mentioned in Section 3, including an appointment in public employment, has to apply well in time, in such form and in such manner, as is prescribed to the Scrutiny Committee under sub-section (2) of Section 6 of the said Act, for the verification of such caste certificate and issue of a validity certificate. The words “any person desirous of availing” used in sub-section (2) of Section 6, are clearly indicative of availment of benefits or concessions for the purposes mentioned in Section 3, after coming into force of the said Act and it is mandatory.

21. In our view, the combined reading of Section 3 and Section 6 of the said Act clearly shows that from the date of coming into force of the said Act on 18-10-2001, no person can claim as a matter of right, selection and appointment against a post reserved for particular category of backward class including the Scheduled Tribe in any public employment or in the institutions or establishments receiving grant-in-aid from the Central or State Government, without producing a caste certificate issued by the Competent Authority, as defined under Section 2(b) and the validity certificate from the Scrutiny Committee constituted under sub-section (1) of Section 6 of the said Act. The requirement is mandatory and no relaxation can be granted in respect of it, in the absence of any statutory provision for making any selection or appointment on provisional basis against a post reserved for such categories, either without production or subject to production of such validity certificate. Any selection and appointment in contravention of this requirement shall be invalid.

22. Our attention is invited to the provision of sub-section (3) of Section 6 of the said Act to urge that it is the appointing authority of the Central or the State Government, local authority, public sector undertakings, educational institutions, Co-operative Societies or any other Government aided institutions under which the employment is to be secured, has to forward the application to the Scrutiny Committee for verification of caste certificate and issue of a validity certificate. It is urged that it is only upon selection and appointment that the employer can forward the caste certificate for verification and issuance of a validity certificate to the Scrutiny Committee. It is urged that the intention of the Legislature cannot be to deprive the selection and appointment to any post reserved for backward class category.

23. It is not possible for us to accept the aforesaid contention. In our view, the provision of sub-section (3) of Section 6 of the said Act would apply to the cases where the selections and appointments were made - (i) prior to coming into force of the said Act on 18-10-2001, or (ii) after coming into force of the said Act, in breach of the provisions of Section 3 read with Section 6, as are interpreted by us in the earlier para. There would be no question of operation of sub-section (3) of Section 6 of the said Act, if the selections and appointments are made on the basis of the caste certificate issued by the Competent Authority under Section 2(b) and the validity certificate by the Scrutiny Committee constituted under sub-section (1) of Section 6 of the said Act.

24. Our attention is invited to the provisions of Sections 7 and 10 of the said Act to urge that upon invalidation or rejection of claim for issuance of a validity certificate, the caste certificate on the basis of which the employment is secured, is liable to be confiscated and cancelled and the benefits secured on the basis of such certificate can be withdrawn and the persons who secured the appointments or promotions can be discharged from the employment. It is, therefore, urged that if the interpretation placed by this Court on the combined reading of the provisions of Sections 3 and 6 of the said Act, these provisions would become redundant.

25. It is not possible for us to accept the aforesaid contention also. In the decision of the Apex Court in the case of Jagdish Balaram Bahira, it is held in Para 62 that Section 7 of the said Act provides for the confiscation and cancellation of a false caste certificate, whether it was issued before or after the commencement of the said Act. It is further held that the expression “before or after the commencement of the said Act” indicates that the Scrutiny Committee constituted under Section 6 is empowered to cancel a caste certificate, whether it was issued prior to 18-10-2001 or thereafter. It is further held that Section 10 which provides for the withdrawal of benefits secured on the basis of a false certificate which is essentially a consequence of the cancellation of a caste certificate. It is held that when an appointment to the post is secured by producing a false caste certificate, the necessary consequence is of the withdrawal of benefits secured on the basis of such appointment. In our view, if the selection and appointment is made on the basis of the caste certificate and the validity certificate in terms of the provisions of the said Act, the occasion to confiscate or cancel the caste certificate or withdraw the benefits or concessions or to cancel the appointment or discharge from the employment, etc., may not arise.

26. After coming into force of the said Act on 18-10-2001, a period of almost nineteen years has elapsed. Everyone belonging to backward class community has become well aware of the various provisions of the said Act. Whosoever is desirous of obtaining the benefits or concessions and securing the selection and appointment in public employment or in any institution or establishment receiving the grant-in-aid from the Central or State Government, has to apply under Section 3 to obtain the caste certificate from the “Competent Authority”, as defined under Section 2(b), and has to apply well in time for getting his caste certificate verified by the Scrutiny Committee and issuance of validity certificate in terms of sub-section (2) of Section 6 of the said Act. The expression “well in time”, employed under sub-section (2) of Section 6, has to be construed to mean such time which would enable him to produce validity certificate for selection and appointment against the post reserved for any of the backward class communities. The expression “well in time” cannot be construed to mean that it is either immediately before or after getting such benefits or concessions or selection and appointment to any post.

27. Our attention is invited to Para 12 of the judgment dated 3-1-2020, delivered in the case of Savita w/o Sachin Totewad v. State of Maharashtra in Writ Petition No.7735 of 2019 to urge that the expression “well in time” under sub-section (2) of Section 6 of the said Act is construed to mean the minimum period of six months. It is urged that if it is shown that the claimant has submitted an application to the Scrutiny Committee for issuance of validity certificate prior to six months of the date of consideration for selection and appointment to the post, then the claimant gets a right of being considered.

28. It is not possible for us to accept the aforesaid contention also, for the reason that it was a case of contesting for elective post in local authority and in the context of the provisos below Section 12A of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, the candidate was entitled to relaxation in eligibility to contest the election without producing a caste validity certificate. The provision of sub-section (2) of Section 6 of the said Act was, therefore, harmoniously required to be construed. In the present case, we have already noted that there is no scope for any relaxation in the absence of statutory provision to permit provisional selection and appointment against a reserved post either without production of caste validity certificate or subject to production of such validity certificate. The said decision is, therefore, clearly distinguishable and would not be of any help for the petitioner to claim a right of being considered for the post without production of caste validity certificate.

29. So far as the provision of Section 11 of the said Act regarding offences and penalties is concerned, the Apex Court has held in Paras 63 and 64 in Jagdish Balaram Bahira’s case as under :
“63. However, an analysis of the provisions of Section 11 demonstrates that the provision creates offences and provides for penalties. Under Section 11(1)(a) the offence consists of obtaining a false caste certificate (by furnishing false information), filing a false statement or document or by any fradulent means. Under Section 11(1)(b), the offence consists in securing a benefit exclusively reserved for designated castes, tribes or classes by a person who does not belong to that category in terms of
(i) appointment;
(ii) Admission in an educational institution against a reserved seat; or
(iii) Election to a local authority or cooperative society against an office which is reserved for that category.”
“64. The provisions of Section 11(1) must be read and construed in a prospective sense having regard to the guarantee contained in Article 20(1) of the Constitution. The offence having been created by Maharashtra Act 23 of 2001, the Act which constitutes the offence must relate to a period after the date of the enforcement of the Act. In terms of the penal provisions of Section 11, the statute insofar as it creates offences and provides for penalties must hence be construed prospectively.”
It is held that the provisions operate prospectively and they apply to the offences committed after coming into force of the said Act. Hence, the said provisions do not help the petitioner in any manner to substantiate the claim and if the caste certificate and the validity certificate are produced for selection and appointment, the question of committing any offence would not arise.

30. We summarize our conclusions on the basis of the aforesaid reasoning as under :
(1) The constitutional mandate under Articles 14 and 16 is to provide equal opportunity in public employment in the seats reserved for backward class categories. The eligibility in this context means those who are really entitled to claim selection and appointment to a post reserved for a particular category of backward class. To select and appoint the persons who do not belong to such category promotes the claim of imposter, amounting to fraud on the Constitution. Such practice, therefore, needs to be curbed and deprecated.
(2) The combined reading of Sections 3 and 6 of the said Act clearly mandates that after coming into force of the said Act on 18-10-2001, no person can claim the benefit of reservation for any of the backward class categories in public employment without producing a caste certificate by the “Competent Authority”, as defined under Section 2(b) and a validity certificate from the Scrutiny Committee constituted under sub-section (1) of Section 6 of the said Act. The requirement is mandatory and no relaxation can be granted.
(3) The provisions of sub-section (3) of Section 6, and Sections 7, 10 and 11 of the said Act operate only in cases where the selections and appointments were made prior to or subsequent to coming into force of the said Act, but subject to production of caste validity certificate. Obviously, these provisions do not operate where the selections and appointments are made on the basis of production of caste validity certificate.
(4) The action of the respondents incorporating the clause in the advertisement in question requiring the production of caste validity certificate to become eligible for considering selection and appointment to the post reserved for Scheduled Tribe category is upheld.

31. For the reasons stated above, we dismiss this petition with no order as to costs.