IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH, J.
CWJC No. 12487 of 2022
(5.5.2023)
Ramesh Prasad & Ors. ... Petitioners
vs.
State of Bihar & Ors. ... Respondents
Service Law–Appointment on the basis of being 'Kharwar Caste'–cancellation of caste certificate–it is settled by the Hon'ble Apex Court that only the Caste Scrutiny Committees of various States are empowered to scrutinize the Caste Certificate issued with respect to the Scheduled Caste/Scheduled Tribes/Backward Classes–as far State of Bihar is concerned, Bihar State Caste Scrutiny Committee has been constituted long back for making inquiry with respect to the Caste Certificates granted to the Scheduled Castes/Scheduled Tribes/Backward Classes/Extremely Backward Classes, hence no other officer or authority is competent to inquire into the genuineness of the caste certificate, issued by the competent authority–it was not open for the Revenue Officer, Circle Office, Banker to cancel the caste certificates of the petitioners 2 to 4 by the impugned order and it is only the Bihar State Caste Scrutiny Committee which was/is empowered to Scrutinize the caste certificate in question–moreover, impugned order is ex-parte order–impugned order is set aside accordingly–liberty given to the Respondents to approach the Bihar State Caste Scrutiny Committee to take a final decision–writ petition allowed. (Paras 3 & 5)
(1994)6 SCC 241, CWJC No. 19084/2021 D/- 21.06.2022–Referred.
Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dated 23.05.2022, issued under the signature of the Revenue Officer, Circle office, Buxar, whereby and whereunder the Caste Certificates of the petitioners No. 2 to 4 have been cancelled.
2. The brief facts of the case are that the petitioners were born and brought up in a family belonging to the Kharwar Caste and the petitioner no. 1 is the father of the petitioners no. 2 to 4. It is also submitted that earlier also, the petitioner no. 1 had approached this Court by filing a writ petition bearing C.W.J.C. no. 10432 of 2005, which was decided by a co-ordinate Bench of this Court vide judgment dated 12.02.2007, whereby and whereunder it was held that the petitioner is a member of the Scheduled Tribe community. The said order dated 12.02.2007 was sought to be reviewed by filing a Civil Review petition bearing no. 137 of 2007, however, the same was dismissed, whereafter though the respondents did not file any appeal but they also did not grant the petitioner No. 1, the benefits of being a member of the Scheduled Tribe, leading to the petitioner no. 1 filing a contempt petition bearing M.J.C. no. 817 of 2007, wherein the respondent State had filed a show cause stating therein that they have appointed the petitioner in the services of the State of Bihar by treating him as a member of the Kharwar Caste. Now coming back to the present case, it is the case of the petitioners that after proper enquiry and scrutiny, caste certificates showing the petitioners No. 2 to 4 to be members of the Kharwar community was issued on 05.05.2022 by the Revenue Officer. Nonetheless, the respondents have now cancelled the Caste Certificates of the petitioners No. 2 to 4 by the impugned order dated 23.05.2022, which has been passed without granting any opportunity of hearing to the petitioners.
3. At this juncture, it would be relevant to mention here that the Hon’ble Apex Court has rendered a judgment in the case of Kumari Madhuri Patil & Anr. vs. Additional Commissioner, Tribal Development & Ors., reported in (1994) 6 SCC 241, whereby and whereunder only the Caste Scrutiny Committees of various States are empowered to scrutinize the Caste Certificate issued with respect to the Scheduled Castes/ Scheduled Tribes/ Backward Classes and as far as the State of Bihar is concerned, Bihar State Caste Scrutiny Committee has been constituted long back for making inquiry with respect to the Caste Certificates granted to the Scheduled Castes/Scheduled Tribes/ Backward Classes/ Extremely Backward Classes, hence no other officer or authority is competent to inquire into the genuineness of the Caste Certificate, issued by the competent authority. In this connection, it would also be relevant to refer to a judgment rendered by the learned Division Bench of this Court dated 21.06.2022, passed in CWJC No.19084 of 2021 (Baidhnath Singh vs. The State of Bihar & Ors.), relevant paragraphs whereof being paragraphs no. 9 to 13, are being reproduced herein below:—
“9. It would be pertinent to note here that subsequently some modification was made in the constitution of the committee referred to above vide judgment reported in (1997) 5 SCC 437 (Kumari Madhuri Patil and Another vs. Additional Commissioner, Tribal Development and Others).
10. In Farzana Sabaff vs. the State of Bihar & Ors. since reported in 2014 (3) BBCJ 631, a dispute relating to disqualification on the ground of invalid caste certificate came before this Court. It would be manifest from the perusal of the Para- 11 of the judgment of the said case that in the counter affidavit the State had admitted that a committee was duly constituted pursuant to the direction no.4 given by the Hon’ble Supreme Court in Kumari Madhuri Patil (supra). Para 11 of the judgment in Farzana Sabaff (supra) is extracted hereunder for ready reference:
“11. Counter affidavits have been filed on behalf of the respondent nos. 2 and 3 and also the respondent no
Kumari Madhuri Patil vs. Additional Commissioner, Tribal Development
The main legal point established in the judgment is that the cancellation of a Caste Certificate must be done in accordance with the provisions of the Odisha Scheduled Castes, Scheduled Tribes and Ba....
The Sub-Divisional Officer lacks jurisdiction to cancel caste certificates; only the High Power Caste Scrutiny Committee can do so after following due process.
Authority issuing caste certificates cannot conduct inquiries once a Scrutiny Committee has made a determination.
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