Today(on 1st May),Calcutta High Court rejects PIL withdrawal alleging fake caste certificates for school appointments. Another petition asserts fraudulent caste certificates in West Bengal.
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KOLKATA: Today(on 1st May), The Calcutta High Court has rejected a petitioner’s plea to withdraw a Public Interest Litigation (PIL) they filed, alleging that certain individuals secured positions in primary and secondary schools using fake caste certificates. This PIL was being heard alongside another petition claiming that fraudulent caste certificates were issued in various districts of West Bengal, falsely designating individuals from different communities as Scheduled Caste.
Previously, the court instructed the secretary of the Backward Classes Welfare Department to authenticate the issued caste certificates and provide a report.
When asked by the court about his desire to withdraw the PIL, the petitioner, Ajoy Ghosh, stated that his lawyer was not adequately representing his case. However, the court, presided over by Chief Justice T S Sivagnanam, rejected Ghosh’s request to withdraw the petition.
The court held that the petitioner’s claim regarding inadequate legal representation was false, as the lawyer representing Ghosh had appeared in all hearings.
The bench, comprising of Justice Hiranmay Bhattacharyya, emphasized the sensitivity of the matter and declined permission for withdrawal, stating-
“Given the importance of the issue, the court declined the request for withdrawal.”
The court further inquired whether any external pressure or influence was exerted on the petitioner to withdraw the PIL. Ghosh denied any such pressure, stating that no such thing had occurred. However, the court allowed Ghosh to change his lawyer.
The court has scheduled the next hearing for June 20, during which the matter will be further discussed.
During a previous hearing of Ghosh’s PIL, the court highlighted that if the claims made in the petition were verified, it would be a “very serious matter” requiring thorough investigation. The court emphasized the need to prosecute all officials involved in the issuance of fake certificates and take disciplinary action against them.
According to Ghosh’s petition-
“Some individuals acquired false Scheduled Caste and Scheduled Tribe certificates to obtain positions in various primary and secondary schools.”
Another PIL filed by the Paschim Banga Bouri Samaj Unnayan Samity, which is being heard alongside Ghosh’s petition, alleged that-
“Numerous sub-divisional officers across various districts in the state have reportedly issued fraudulent caste certificates, falsely certifying individuals from different communities as members of the Scheduled Caste.”
The court noted that the National Commission of Scheduled Castes has taken up the matter and made recommendations to the state authorities.
Previously, on December 12, 2023, the court issued directives to the secretary of the Backward Classes Welfare Department to disseminate circulars to all district magistrates, instructing them to authenticate recently issued caste certificates.
Moreover, the court mandated the formulation of a standardized operating procedure at the state level and its transmission to the district magistrates, who were tasked with supervising comprehensive investigations into the validity of the caste certificates by appropriate authorities.
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The court directed the Backward Classes Welfare Department’s secretary to file a report. On April 14, due to the extensive documents, the court instructed the state authority to submit a tabulated affidavit detailing the verification process and actions taken, to be presented at the next hearing on June 20.
