Here is the Senior High Court Advocate Rajini Legal advice on Chennai High Court Judgement for Government employees benefits for their caste-based and religion-based reservations.
#FakeReservations #LawyerRajini
In a judgement that could have long term repercussions, the Madras High Court directed that employees who secure a job under caste/community quota but change their religion later should be removed from their posts.
The court delivered the sensational judgement while hearing to a case relating to irregular appointments in Bharatiyar University. Three persons filed a petition stating that a candidate not having required educational qualifications was appointed as library assistant and even given promotion immediately in the university.
The court said that people gaining benefit under caste/community but converting their religion do not have the right to continue in the job. Similarly, employees converting their religion right before appointment do not have the right to enjoy the benefits of the specific community, it said.
Justice R. Mahadevan directed that action should be taken against the University Committees which have chosen such candidates providing false information.
He expressed dismay over the specific employee in Bharatiyar University not handing over certificates of his educational qualification to the varsity authorities till now.
The court directed the educational institutions to upload details of their employees, their educational qualifications on the organisation websites while taking up recruitment drive. It also directed that interviews of the candidates should be video recorded. In case, it has been found that an employee had secured the job through illegal means, the court directed that the appointment should be cancelled and the amount paid towards the employee’s salary should be compensated from the appointment committee members.
If Dalits of girijans, who are a part of the Hindu community, convert to Christianity, they lose their SC/ST status. They will be considered as Chrisitians only. In Tamil Nadu, Christians fall under BC-C category. The converted Christians cannot enjoy SC reservation, the court said.
It was also made clear that the employee’s argument that he/she was an SC during employment but that he/she changed the religion later cannot be accepted. Though the employee changed his/her religion after securing a job, reservation benefits due for his/her earlier community will cease to be implemented, the court observed.
Reservations were introduced for the welfare of people belonging to backward castes facing discrimination in the Hindu community. Quota should be considered as a boon by all those communities facing discrimination in terms of culture and traditions, said legal experts.
Reservation is aimed at removing the disparity and hence, it should not be thought that the community discrimination could be overcome if religion is changed. In the process of religious conversion, benefits of the community should also be foregone.
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