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1999 Supreme(SC) 76

B.N.KIRPAL, V.N.KHARE
Gulzar Singh – Appellant
Versus
Sub-divisional Magistrate – Respondent


ORDER

1. Special leave granted.

2. The appellant had been issued a caste certificate on 10-10-1988 in which it was inter alia stated that the appellant belongs to Majhbi Sikh caste which was recognized as a Scheduled Caste. The grievance of the appellant was restricted to the decision communicated to him by the Sub-Divisional Magistrate, Gurdaspur dated 3.6.1997 whereby Certificate No. 9336 dated 10.10.1988 was cancelled. The said certificate was cancelled because an enquiry, which was stated to have been conducted, it was found that the appellant belongs to the Christian community. The cancellation of the Scheduled Caste certificate was challenged by the appellant by filing a writ petition in the High Court. The High Court dismissed the same by observing as follows :

"From the pleading of the parties, it is crystal clear that an open enquiry was made regard to the Scheduled Caste certificate issued to the petitioner and in the said enquiry, the petitioner was associated. On proper appraisal of all aspects of the case, it has been held that the petitioner is not a Scheduled Caste but a Christian. That being so, we find nothing wrong in the order vide which the Scheduled Caste certifi





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