Third party cannot file complaint with state scrutiny committee in st certificate matters

Misuse of reservation can’t go unpunished: HC

Balasundaram of Avinasi in Coimbatore district joined the Coimbatore Institute of Forest Genetics in 1982 as a peon by producing a Scheduled Tribe certificate.

When he was promoted as Junior Clerk in 1999, his caste certificate was sent to the State Level Scrutiny Committee for examination. However, by the time the panel found malpractice and cancelled his community certificate, it was 2022 – Balasundaram had retired in 2020.

After the panel found that his brother and sister belonged to a different community and not a tribe as claimed in his certificate, the authorities stopped his retirement benefits.

The court held that that those who abuse the reservation policy for government jobs should not go unpunished.

Hi John, I'm Adv. Niharika and here is my take on your query.

You can definitely raise your voice against the said matter, wherein someone has been allegedly using a ST certificate. In my opinion, you have two remedies.

Firstly, to file a civil suit for Public Nuisance under sec. 91, CPC. By the means of this section, either the advocate general or any two members of general public with the leave of the Court (for instance in your case, you and one more person) are required to file a suit. The Court may then pass a declaration or an injunction as to that effect. Also, there is no need to show any special damages by the act of such nuisance.

Secondly, you can file a PIL (Public Interest Litigation) in the High Court or the Supreme Court under Art. 226 and Art. 32 respectively of the Constitution.

A PIL can be filed on either of the grounds:

• • on human rights violation
  • violation of fundamental rights of a group of people.
  • failure of governmental authorities
  • exploitation of poor and weaker sections.

your case is being covered by multiple above mentioned grounds.

PIL can be filed in the Supreme Court and High Courts in the following ways:

• Sending registered letter petitions with relevant facts and documents to the Chief Justice of the concerned Court.
• By directly filing the PIL in the court through the Free Legal Service Committee of the court.
• Directly filing the case with the help of any lawyer.
• Filing the case through NGOs or PIL firms.

Here is an article which will in depth explain you the process of filing a PIL.

https://www.lawyersclubindia.com/Forum/how-to-file-a-public-interest-litigation-pil--1966.asp

Hope this information helps. For further query, you can reach me at niharikalohan@yahoo.com

You have already stated to have raised the issue with competent authorties, let them decide.

what rule he is quoting on his "third party" adventure.