• Reservation misuse

One of my known to and her mother belong to OC community but misused their position of being a mandal education officer and got BC-D certificates and got jobs and medical seats, enjoying lot of perks and money using this. i recently found out this and also got a threat from their family not to disclose this. one more catch is that she did not use this reservations for other two kids of her. what action can be taken on their family, how can i use the help of RTI or any other government institutions.
Asked 8 years ago in Criminal Law
Religion: Hindu

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13 Answers

You may extract all the required information with help of the RTI from her department where she is doing job right now, from the authority who has issued her the certificate and also the details of her parents.

On the basis of the same you can file a writ of quo warranto in the High Court and seek the termination of the concerned person, also you can lodge a complaint with regards to this in the department where the concerned person is working right now.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can complain to college wherein they got medical seats that certificates are fraudulently obtained and they do not fall within ambit of BC

2) similarly if they got job by unfair means complain to their employer that certificate is fraud entry obtained

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

1. If the certificates are either forged or were obtained by suppression or misrepresentation of facts then any ordinary citizen can file a criminal complaint to the police station.

2. It is immaterial if the certificate which is forged or was obtained by suppression of facts was used to avail a benefit or not.

3. RTI cannot be used to unearth these documents as these are private in nature.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You should get information about your reservation category by filing RTI before the Public Information Officer of the concerned department. When a person get reservation benefit on the basis of false and fabricated caste certificate then he shall be prosecuted for the offence of cheating which is punishable under section 420/467/468 of the Indian Penal Code. He may be sentenced for 7 years of simple imprisonment if his guilt  is proved.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You can also send  and unanimous complaint before the concerned department for initiating proper departmental enquiry against her on the ground that she had been taken reservation on the basis of false and fabricated caste certificate. This act also comes under the offence of corruption punishable under Prevention of Corruption Act. Taking illegal benefit to get government service is punishable under the prevention of corruption act therefore you can also give a complaint before the central Vigilance Commission if she is employed in Central government service of the state Vigilance Commission if she is employed in state government service.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Move an anonymous complaint before the concerned Department where this fraudster is employed. Seek strict disciplinary action and adduce all the evidences which you've with you to demonstrate the fraud that has been played before the Department.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hi, you can file a writ in high court and get her/ him dismissed .. The high court will enquire the matter and will take appropriate action accordingly

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1)her medical degree would stand cancelled if she has obtained decree on false documents

2) SC has held that no mercy would be shown to students who avail benefits of reservation on the basis of false or bogus caste claims.

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Yes, if she has fraudulently obtained the benefit of reservation, her admissions is liable to be struck. Move an anonymous Complaint before the Medical council of India and the Directorate of Medical Education. You do not have to disclose your credentials, that's what an anonymous Complaint means

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

you can raise the complaint to the department where the daughter is working anonymously.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can give anonymous complaint against her. You should make complaint to the superior officer of the department or  Head of the Vigilance department. You should mention all the facts and place some evidence in support of your claim that she  has been misusing reservation. however it is an offence and you can file FIR or complaint against her but you should avoid it if you received some threats from her.

Anonymous complaint has been given to the head of the department with stating all the facts of the case and producing evidence in support of that facts.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You first obtain information about their the said certificates by which they could get medical seats and other benefits.

After this obtain the proof of their original community and then submit an application to the concerned authorities where they played fraud for this wrongful gains along with the documentary evidences you have gathered.

.

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

The accused stay in other city, presently she is retired as mandal education officer but her daughter got mbbs and pg seat using this and also working somewhere. can her degree be cancelled, also they are giving me threats if i file a case. how can i do this anonymously?

You should obtain the concrete evidence about their fraudulent activities which procured her the medicine seat.

Write to the authorities concerned about this and expose them to the outside world through social media and press media.

But you have to take the support of like minded people in order to avoid their threats.

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

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