'One Fake Certificate Enough To Spoil System': Calcutta HC Calls For Inquiry Into Genuiness Of Caste Certificates Issued In 'Recent Past'

The Calcutta High Court has recently directed the Secretary, Backward Classes Welfare Department, Government of West Bengal, to issue appropriate circulars to all district magistrates, directing them to verify caste certificates issued in the recent past and to devise an SOP at the state level, for the DM to convey to the appropriate authorities. 

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya called for a detailed report from the secretary and held:

"Petitioner has highlighted a very serious issue of fraudulent caste certificates being given rampantly by several SDOs in districts across the State of West Bengal to people of other communities as if they belong to a Scheduled Caste Community. The National Commission of Scheduled Caste, Government of India had taken up the matter and issued appropriate directions to the state authorities. Only one DM has taken serious note of the same. When such issues have been highlighted, the State cannot shirk its responsibility."

The petitioner submitted that various subdivisional officers in districts across West Bengal had engaged in the practice of handing out fake scheduled caste certificates to those belonging to other communities.

It was that there were several such cases, and even the National Commission had taken note of the same, while only the District Magistrate of Burdwan had taken action on the same.

As a result of the action taken, the petitioners submitted that two applicants had their caste certificates cancelled by the SDO. 

State submitted that since the DMs of only two districts had been impleaded in the plea, the petitioners could not seek blanket directions from the court. 

In response to this, the bench noted: In our view, the State cannot take such a stand when ultimately it has been found that 2 people in that district have been found with fake certificates. This is only the tip of the iceberg. The state government must be proactive in this matter, since several benefits flow from caste certificates. 

Accordingly, the bench directed the caste certificates that were issued in the recent past to be investigated under the supervision of all the district magistrates. 

The Secretary, Backward Classes Department was asked to submit a report in court on the next hearing and also issue a circular warning all subdivisional officers that if it was found that any fake certificates were issued by any officers then disciplinary and criminal proceedings would be initiated against them. 

Case: Paschim Banga Bouri Samaj Unnayan Samity vs State of West Bengal

Case No: WPA(P)/585/2023