AIROnline 2024 SC 793

Supreme Court Of India

(From : AIROnline 2023 MAD 2138)

Hon'ble Judge(s): Pankaj Mithal, R. Mahadevan , JJ

Constitution of India , Art.341, Art.25— Constitution (Puducherry) Scheduled Castes Order (1964) , S.2— Scheduled Caste community certificate - Refusal to issue - Legality - Appellant was a born Christian - Evidence demonstrated that appellant actively practiced Christianity by attending church regularly - It was not clear from records, as to how Scheduled caste community certificate was issued to the appellant earlier - However, it is settled law that an illegality cannot be perpetuated - State can take appropriate action, when it comes to its knowledge that a certificate was obtained by fraud - Conferment of Scheduled caste community status on appellant, who was a Christian by religion, but claimed to be still embracing Hinduism only for the purpose of availing reservation in employment, would go against object of reservation and would amount to fraud on the Constitution - Refusal to grant scheduled caste community certificate and referring the matter for cancellation of earlier certificate was proper AIROnline 2023 MAD 2138-AffirmedAIR 1969 SC 101-FollowedAIR 2017 SC 3271-Followed (Para 11 13 14 15 16) .....