Man jailed for securing job on basis of fake ST certificate

A Delhi court has upheld three years' jail term, given to a man for securing job on basis of a fake Scheduled Tribe certificate.

Additional Sessions Judge (ASJ) P S Teji upheld his conviction of Bihar native Ritu Pran by a magisterial court, noting that the scheduled tribe community did not exist in his native state.

Pran was earlier held guilty of procuring the job of a darkroom assistant with the Government of India Press here after the CBI booked him for using forged documents to secure it, following directions from the Delhi High Court in 2005.

The high court had asked the CBI to probe if large number of general category candidates had secured government jobs on basis of forged ST certificates between 1995 and 2000.

Pran, who had secured the job, claiming himself to be from 'Kharwar' community, was sentenced to three years jail and Rs 10,000 fine by a magisterial court on January 4, 2011. He had moved the sessions court in appeal against his conviction and sentencing.

Upholding his conviction, ASJ Teji directed Pran to be taken into custody to serve the sentence.

"I am of considered opinion that the accused / appellant belongs to 'Kamkar' community which is other backward class community and not 'Kharwar' community which is not even found in State of Bihar.

"From the material on record, it also stands proved that accused / appellant secured job on the basis of forged and fabricated caste certificate by using the same as genuine knowing it to be false and fabricated with a view to cheat the government," the ASJ said. 

The CBI had told the court that after high court orders, caste certificate of Pran was checked in which his caste was mentioned as 'Kharwar' of ST community.

The probe, however, revealed that the caste certificate submitted by Pran was fake as he belonged to 'Kamkar', a backward caste, the CBI had said.

Pran had challenged his conviction saying the government department had got his certificate verified and had found it genuine. He also said no evidence was collected by the CBI if Kamkar was different from Kharwar.

He further contended that he cannot be held guilty as at the time of issuance of the certificate on February 14, 1990, he was a minor and his grand parents had applied for it.

The court, however, rejected his contentions, saying "from the totality of evidence, it is clearly proved that the accused belongs to 'Kamkar' caste which is a backward class. It has also come on record that during the year 1990, no ST caste certificate was issued in the name of Ritu Pran".