Court No. - 29
Case :- WRIT - C No. - 14699 of 2019 Petitioner :- Dilip Kumar Respondent :- Indian Oil Corporation And Another Counsel for Petitioner :- Rakesh Kumar Srivastava,Ashish Kumar Singh Counsel for Respondent :- Rituraj Singh
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard Sri Ashish Kumar Singh, learned counsel for the petitioner and Dr. Rituraj Singh, learned counsel for the 1st respondent.
The respondent No.2 was selected for Kisan Sewa Kendra Dealership on a particular location in district Basti pursuant to the notification dated 17.10.2014 as a scheduled caste candidate.
The petitioner alleged that the respondent No.2 is not a scheduled caste candidate and as such was not eligible for the said dealership. The petitioner's earlier writ petition was disposed off with the direction to consider his grievance with regard to the grant of dealership to the respondent No.2 in accordance with law.
It is in pursuance to the above directions of the court that the representation of the petitioner has not been accepted by the order impugned dated 01.04.2019. It has been stated that on the verification of the caste of the respondent No.2 from the Tehsildar it has been opined that he belongs to a scheduled caste category.
It is pertinent to mention here that the respondent No.2 applied for the above dealership claiming herself to be a scheduled caste person enclosing a Caste Certificate No.55309403901 dated 04.08.2009 issued by the Tehsildar Sadar, district Basti. The said certificate has not been cancelled, revoked or held to be forge or a fake certificate.
The only ground taken in that regard is that the said certificate has been wrongly issued and that the respondent No.2 is not a scheduled caste person as she belonged to general category before her marriage and that her marriage to a scheduled caste person would not alter her caste.
Be as it may be so long as the caste certificate issued by the Tehsildar remains intact, it cannot be said that the respondent No.2 is not a person of scheduled caste. In case the petitioner disputes the said caste certificate issued in favour of the respondent No.2 appropriate remedy available to him is to file an appeal before the District Level Committee constituted under the Government Order dated 28.02.2011.
In view of above, we find no merit in this petition and is accordingly dismissed.
Order Date :- 26.4.2019 piyush