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TMI Blog2005 (10) TMI 592X X X X Extracts X X X X X X X X Extracts X X X X ..... te in accordance with the custom of the said community. A certificate to the effect that both, the appellant as well as her husband were members of the Hindu Pulayan Community was issued by the Association of the Community and was produced in the enquiry proceedings. According to the appellant, it was alleged that much later after she got married, her mother remarried to a Christian and converted to Christianity. Conversion by her mother was not proved but even if it is assumed that there was conversion on the part of her mother, the said fact in no way affected the status of the appellant who was born to Hindu Pulayan parents who were at the time of their marriage belonged to Scheduled Caste and the appellant who was born was a member of the Scheduled Caste. The appellant never converted to Christianity. It is the case of the appellant that on September 25, 2000, an election for Thannithode Gram Panchayat was held. The appellant contested from Ward No. 2 reserved for women. Though she belonged to Scheduled Caste, she contested the election by tiling a nomination paper for a seat reserved for women without filling the column in the nomination paper as Scheduled Caste . Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for canceling the certificate granted in favour of the appellant. It appears that against the decision of September 22, 2001 by the Scrutiny Committee rejecting the claim of the appellant, an appeal being MFA No. 1303 of 2001 was preferred by the appellant. The High Court set aside the order of the Committee on December 4, 2002 observing that the constitution of the Committee was not as per the decision of this Court in Kumari Madhuri Patil and Anr. v. Additional Commissioner, Tribal Development and Ors., . The High Court observed that after the decision in Kumari Madhuri Patil, the Legislature of Kerala enacted Act 11 of 1996 and constituted a Committee on April 20, 2002 under Section 8 of the Act. Since the Committee, which considered the case of the appellant had not been constituted in accordance with law, it had no jurisdiction to pass the order or to make recommendation. The recommendation was, therefore, liable to be set aside. A direction was issued by the High Court to the Committee constituted under the Act to consider the matter after hearing the parties on the basis of the evidence and material and to pass final order. The appeal was accordingly allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded the copy of the report and proceedings to the Government for taking appropriate consequential action. In accordance with the provisions of the Act, the appellant preferred an appeal in the High Court of Kerala at Ernakulam under Section 12 of the Act. The Division Bench of the High Court again considered the relevant evidence produced before the Scrutiny Committee and the reasons recorded by the Committee and held that the Committee was justified in negativing the claim of the appellant. The High Court also observed that it was satisfied that the appellant could not substantiate her claim that she belonged to Scheduled Caste. Accordingly, the appeal was dismissed. Being aggrieved by those orders, the appellant has approached this Court. Leave was granted. Parties were given liberty to file affidavit and further affidavit and also to produce additional documents. Hearing was expedited. We have heard learned Counsel for the parties. The learned Counsel for the appellant contended that the parents of the appellant belonged to Hindu Pulayan Community - Scheduled Caste, at the time of their marriage as well as at the time of birth of the appellant. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against her could not be said to be illegal unlawful or otherwise objectionable. The sole question raised by the 3rd Respondent related to false and fraudulent claim put forward by the appellant and for cancellation of caste certificate. The only remedy available for such dispute was to file a complaint under the Act which had been done and no fault can be found against the orders passed by the Scrutiny Committee and the High Court. It was, therefore, prayed that the appeal deserves to be dismissed. Having heard the learned Counsel for the parties, in our opinion, no case has been made out to interfere with the order passed by the Scrutiny Committee and confirmed by the High Court. We are clearly of the view that the Caste Scrutiny Committee considered the case of the appellant and her assertion that she belonged to Hindu Pulayan Community - Scheduled Caste and on the basis of report of the Expert Agency and considering the relevant record rightly negatived such claim. A finding of fact has been recorded that the appellant was born and brought up as a Christian and she continued to remain as Christian. She was never accepted by Hindu Pulayan Community -Scheduled Caste as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... illegality has been committed. The proceedings before the Committee were legal, valid and lawful and the certificate was rightly cancelled. The appellant approached the High Court by invoking the appellate jurisdiction under the Act and the High Court again considered the relevant material, evidence and the findings recorded by the Caste Scrutiny Committee and confirmed them. If the appellant had to suffer because of the finding recorded by the Scrutiny Committee and confirmed by the High Court in accordance with law, she cannot make complaint inasmuch as such consequences would ensue in view of the order passed against the appellant. The respondent rightly relied upon on Sections 16, 17 and 26 of the Act. Section 16 provides for withdrawal of benefits secured by a person on the basis of false community certificate. Section 17 is a penal provision and prescribes punishment for securing an appointment or election to local bodies on the basis of false community certificate. Section 26 gives overriding effect of the Act over other laws. As late as on September 2, 2005, the appellant filed I.A. No. 2 permitting him to raise additional grounds. Apart from relying on ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Scrutiny Committee and confirmed by the High Court cannot be said to be contrary to law or based on 'no evidence' or otherwise objectionable, the grievance of the appellant is ill-founded and no relief can be granted to her. For the foregoing reasons, the appeal deserves to be dismissed and is accordingly dismissed. In the facts and circumstances of the case, however, there shall be no order as to costs. S.B. Sinha, J. Although, I respectfully agree with the judgment and order proposed to be pronounced by Brother, Thakker, J., I would like to add a few words. Scheduled Castes and Scheduled Tribes in view of the constitutional provisions contained in Articles 341 and 342 of the Constitution of India occupy a special position. Protective discrimination and affirmative action for the downtrodden people are envisaged in our constitutional scheme despite the fact that the equality clause enshrined under Article 14 of the Constitution of India is of great significance. [See E.V. Chinnaiah v. State of A.P. and Ors. ] When, thus, a person who is not a member of Scheduled Caste or Scheduled Tribes obtains a false certificate with a view to gain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duct, though fraudulent, did not amount to a false pretence. Similarly, it has been suggested that a charge of conspiracy to defraud may be used where a 'false front' has been presented to the public (e.g. a business appears to be reputable and creditworthy when in fact it is neither) but there has been nothing so concrete as a false pretence. However, the concept of deception (as defined in the Theft Act, 1968) is broader than that of a false pretence in that (inter alia) it includes a misrepresentation as to the defendant's intentions; both Jones and the 'false front' could now be treated as cases of obtaining property by deception. 25. Although in a given case a deception may not amount to fraud, fraud is anathema to all equitable principles and any affair tainted with fraud cannot be perpetuated or saved by the application of any equitable doctrine including res judicata. 26. In Shrisht Dhawan v. Shaw Bros. it has been held that: (SCC p. 553, para 20) 20. Fraud and collusion vitiate even the most solemn proceedings in any civilized system of jurisprudence. It is a concept descriptive of human conduct. [See also Vijay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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