LILLY KUTTY Vs. SCRUTINY COMMITTEE

JUDGEMENT

(1.) 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.

(2.) 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 F. V. Chinnaiah vs. State of A. P. and Others (2005) 1 SCC 394.

(3.) When, thus, a person who is not a member of Scheduled Caste or Scheduled Tribes obtains a false certificate with a view to gain undue advantage to which he or she was not otherwise entitled to would amount to commission of fraud. Fraudulent acts are not encouraged by the Courts. A person for the purpose of obtaining the benefits of the Presidential Order must fulfil the condition of being a member of Scheduled Castes and continue to be a so. Conversion of a member of Scheduled Castes to a different religion may not, in certain circumstances, deprive him of the said benefits although there appears to be some divergence of views in this regard. See State of Kerala and another vs. Chandramohanan (2004) 3 SCC 429 and Sobha Hymavathi Devi vs. Setti Gangadhara Swamy and Others (2005) 2 SCC 244. In this case, however, even the said question does not arise.