Caste certificate has to be validated if those of parents have not been verified: High Court

Karnataka High Court clarifies validation process for SC/ST caste certificates in public employment, emphasizing the need for verification.

The caste certificate of a person, belonging to Scheduled Caste/Scheduled Tribe, seeking public employment requires to be validated as per the law if the caste certificates of parents of such person have not been validated/verified, said the High Court of Karnataka.

Also, the court said the caste certificate, issued under Section 4A of the Karnataka Scheduled Castes (SC), Scheduled Tribes (ST) and Other Backward Classes (Reservation of Appointments, Etc.,) Act, 1990, is not conclusive and there is no presumption of validity attached it.

Justice Suraj Govindaraj passed the order while allowing a petition filed by Shravana Kumar D. Nayak, President of State SC/ST Prevention of Bogus Caste Certificate Committee, Kalaburagi.

The petitioner had questioned the appointment of one Meenakshi to the post of assistant accounts officer in Gulbarga Electricity Supply Company Ltd., under ST quota even though she ‘belongs to other backward classes.” The district caste verification committee had rejected her caste claim but the appellate authority had accepting her claim as ST. The court has now quashed the appellate authority’s February 27, 2024, order and remitted the matter for fresh consideration.

“Although caste is hereditary in nature and one can be associated to a particular caste only by being born into that caste-community, it is pertinent to note that the caste of the parents or ancestors merely creates an eligibility to apply and avail a caste status certificate and does not by itself conclude or determine with finality the caste of a person in the eyes of law,” the Court observed.

However, if the caste certificates of the parents have been validated and verified, then there would be no need for the children to get the said certificates validated, the court said while pointing out that caste certificates of Ms. Meenakshi’s parents were not verified as per the law as they had not sought employment in public services.

Verification/validation of caste certificate is mandatory in terms of the 1990 Act and the rules framed under this law as among other reasons, it is aimed at safeguarding the interests of persons belonging to SC/ST communities from fraudulent persons, who seek to claim reservation without being eligible to do so, the court said.