Hon. K. N. Pandey, J.
Heard learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents. Shri R.K. Tripathi appears for the complainant-respondent No.4.
The petitioner was issued a caste certificate by the Tehsildar certifying that he belongs to Gond caste, which is a notified Scheduled Tribe.
A complaint was made by Shri Arvind Singh that the petitioner has obtained certificate by misrepresentation. The complaint was referred in the light of the judgment of the High Court in Writ Petition No.19097 of 2004, Sangeeta Devi Vs. State of U.P. & Ors., and in view of the judgment in Madhuri Patil Vs. Addl. Commissioner to a committee consisting of SDM, Hata as its Chairman; Tehsildar, Hata and Revenue Inspector, Kaptanganj as members. The Committee heard the parties, considered the material produced on record and collected by it by making enquiries. On the report of the Committee, which heard both the parties and considered the entire record, the SDM Hata by the impugned order dated 10.11.2010 allowed the complaint dated 1.9.2009 and cancelled the caste certificate on the ground that the petitioner has misrepresented himself to belong to 'Gond' caste (Scheduled Tribe). He actually belongs to 'Kahar' caste, which is an 'other backward class', in the State of U.P.
Learned counsel for the petitioner has challenged the order cancelling his caste certificate on the ground that in Km. Madhuri Patil & Anr. Vs. Addl. Commissioner, Tribal Development & Ors., (1994) 6 SCC 241 the caste certificate can be scrutinised only by State Level Committee, which was constituted in U.P. by Government Order dated 5.1.1996. He has relied upon the directions given by the Lucknow Bench of this Court in Writ Petition No.1611 (MB) of 2008, Taramuni Tharu Vs. State of U.P. & Ors. decided on 23.9.2010, in pursuance to which by Government Order dated 27.1.2011 the Regional Level Committee has been constituted under the Chairmanship of the Commissioner as appellate forum. By subsequent Government Order dated 10th February, 2011 it was directed that the Screening Committee at the state level will continue to function.
"The petitioners have approached this Court by this petition amongst others to contend that a Committee be constituted in terms of the Government Order dated 5.01.1996 for scrutinizing the caste/tribe certificates issued in terms of the said Government Notification. The law as now settled is that against reserved post, a person can be appointed, if he/she produces a certificate that he belongs to the caste/tribe concerned. Similar certificate is also required for admission to the professional colleges.
In the State of U.P., it appears that there is only one Committee to consider the caste certificates. There appears to be no mechanism by which caste certificate issued by the Tehsildar/Deputy Collector/District Magistrate is to be verified. The reserved post or admission in professional colleges are only meant for those who are entitled to. Utmost care should be taken to see that a person who claims admission/appointment is a genuine person and not a person who has got admission/appointment on a certificate which may be false or fabricated. It is impossible to accept that in the State of U.P. that one committee will do the entire exercise.
Considering the above, the respondents to produce the following materials before this Court :
Firstly, as to whether the Committees had been constituted in terms of the Government Order dated 5.1.1996 for SC/ST/OBC and the Constitution of the Members, including the nominated members.
Secondly, whether the Vigilance Cell has been attached to the Committee, the strength of the Vigilance Cell and the persons selected for the Vigilance Cell.
Thirdly, since the inception, the number of caste certificates which have been scrutinized by the Scrutiny Committee.
Apart from that, the State Government also to place before this Court, considering the population of SCs, STs and OBCs in the State of U.P., the need to have such Scrutiny Committees at District Level so that all caste certificates issued in respect of which admissions have been obtained against reserved category posts/seats that these persons who occupy are genuine persons.
Counter affidavit be filed within two weeks from today. Place the matter on board on 2nd of February, 2011."
In pursuance to the observations made as above by this Court (in Tharu Shakti Samiti, PIL No.1396 of 2011), the State Government has issued Government Order dated 28.2.2011, constituting Committees to scrutinise the caste certificates at district level under the Chairmanship of the District Magistrate with a district level officer nominated by the District Magistrate, Sub Divisional Officer nominated by the District Magistrate and District Samaj Kalyan Adhikari or District Backward Class Welfare Officer as Member Secretary.
We may observe here that there is difference between scrutinising the caste certificate for the purposes of admitting in educational institution and in applying for service in the State of U.P. and deciding the disputes relating to caste certificates. Since there was only one committee constituted by Government Order dated 5.1.1996 at State level in pursuance to Kumari Madhuri Patil's case, and which does not appear to be sufficient for the State of U.P., which has almost 50% of the population in the reserved categories, on the pointing out of the Court in Tharu Shakti Samiti & Anr. Vs. State of U.P. & Ors., PIL No.1396 of 2011, the Government Order dated 28.2.2011 has been issued, constituting District Level Committees for scrutiny of caste certificate for the purpose of admission of the students to the schools/ colleges and for appointment in jobs in the State Government, public sector organisations and local bodies. This Government Order dated 28.2.2011 has clarified that appellate forum created to decide the disputes by Government Order dated 27.1.2011, will not be affected by the constitution of the District Level Committees.
In this case the Sub Divisional Magistrate constituted a Committee and decided the complaint as there was no Regional Level Committee to decide the disputes. Now a Regional Level Committee has been directed to be constituted for deciding the disputes relating to caste certificates by Government Order dated 28th February, 2011.
The writ petition is accordingly disposed of with liberty to the petitioner to file an appeal against the impugned order before the Regional Level Committee constituted under the Government Order dated 27.1.2011. If such an appeal is filed, the same may be considered and decided on merits very expeditiously.
Dt.23.05.2011 SP/