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2018 Supreme(Chh) 184

THOTTATHIL B.RADHAKRISHNAN, SHARAD KUMAR GUPTA
Ajit Pramod Kumar Jogi S/o Late Shri K. P. Jogi – Appellant
Versus
High Power Certification Scrutiny Committee – Respondent


Advocates Appeared:
For the Petitioner:Shri Brian Da. Silva, Senior Advocate with Shri Rahul Tyagi, Shri Shailendra Shukla, Shri Abhinav Dang, Shri Ishan Soni, Ms. Priya Mishra and Ms. Samhisti Saloman, Advocates.
For the Respondents:Shri J.K. Gilda, Advocate General with Shri D.R. Minj, Deputy Government Advocate
For the Intervenors :Shri U.N. Awasthy, Senior Advocate with Ms. Raksha Awasthy, Shri Sudeip Shrivastava and Shri Alok Bakshi, Advocates.

ORDER :

Thottathil B. Radhakrishnan, J.

1. The captioned writ petition is filed challenging the decision rendered by the first Respondent holding that the Petitioner had obtained certificates as to tribal status, to which he was not entitled. The first Respondent issued the impugned decision as per the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013, which came into force as per Notification published in the Gazette of 29.06.2013; hereinafter referred to as 'Act'; for short. Though, declaration was sought that Section 7 of the Act is unconstitutional and void, that relief is not pressed.

2. Different grounds are raised by the Writ Petitioner, impeaching the impugned order. They include criticism of the procedure adopted in issuing the impugned decision; non-adherence of due procedure in terms of the Act and the rules framed thereunder, namely the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules, 2013; the 'Rules' for short; th





















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