Court No. - 21
Case :- WRIT - C No. - 43303 of 2018 Petitioner :- Seema Kumari Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Ramesh Chandra Pal,Pramit Kumar Pal Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
Supplementary affidavit filed by the petitioner, is taken on record.
Heard learned counsel for the petitioner, learned standing counsel for the State and perused the record.
The petitioner has filed the present petition stating that the petitioner and her husband belongs to 'Dhanghar' caste and are resident of District Hathras and the petitioner is entitled to a certificate of Scheduled Caste in the State of Uttar Pradesh. The petitioner's father and brother have also been given the Scheduled Caste certificate as 'Dhanghar' caste. The petitioner is aggrieved because her caste certificate has been rejected only by mentioning 'wrong caste' by the District Magistrate. The petitioner states that all the relevant documents were filed along with her application dated 12.2.2017 for grant of Scheduled Caste certificate. However, respondents have erred in rejecting the application without affording an opportunity of hearing. The petitioner further states that the rejection order has been passed by the Tehsildar whereas the same was within the jurisdiction of District Level Caste Scrutiny Committee in terms of the Government Order dated 28.2.2011. The petitioner has also relied upon the orders passed in similar writ petitions wherein this Court has relegated the matter to be decided by the proper committee constituted for grant and rejection of caste certificate. The order passed in Writ C-No.33529 of 2017 is quoted herein below:-
"The caste certificate has been cancelled by the District Magistrate- respondent no. 2 against which the present writ petition has been filed.
The learned Standing Counsel concedes that the caste certificate can only be cancelled by the District Level Caste Scrutiny Committee in terms of the Government Order dated 28th February, 2011. The District Magistrate alone does not have any authority in law to cancel the caste certificate.
Further, we find that no opportunity of hearing was provided to the petitioner, on this short ground the impugned order cannot be sustained and the same is set aside.
The writ petition is allowed.
It will be open to the District Magistrate-respondent no. 2 to proceed in accordance with law. "
In view of the specific averments and the perusal of the order, we are of the view that the matter pertaining to the grant of caste certificate, as prayed by the petitioner should be decided by the District Level Committee. Thus, we direct the petitioner to file a comprehensive representation before the District Level Committee who are directed to pass order on the application for grant of caste certificate, in accordance with law, expeditiously preferably within a period of two months from the date of communication of the order. The petitioner has also relied upon the Government Order dated 24.1.2019 clarifying the issue regarding said castes 'Dhanghar' and 'Dhangadh'. The District Level Committee shall pass the order as directed above taking into account the relevant Government Order, within the time granted by this Court.
With the aforesaid observation, the writ petition is disposed off.
Order Date :- 25.2.2019 Hasnain