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RAJANI DUBEY
Mohan Das Manikpuri, S/o Late Nanku Das – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The petitioner has fled this petition under Article 226 of the Constitution of India against the order/report dated 26.05.2008 (Annexure P/3) passed by the respondent No.3-The Caste Certificate High Level Scrutiny Committee (for short ‘the Committee’), whereby the petitioner’s claim has been rejected recording the finding that petitioner’s caste ‘Panika’ falls under the category of ‘Other Backward Class’, and recommended to cancel his candidature & all the promotions given to him during his service period against post reserved for ‘Scheduled Caste’, whereas the petitioner’s claim is that he belongs to Caste ‘Panika’, which comes under the category of ‘Scheduled Tribe’.
2. Brief facts of the case are that, the petitioner belongs to caste ‘Panika’, which comes under the category of Scheduled Tribe as per the notification issued from time to time by the State Government. The petitioner, after completing his education, applied for the caste certificate before the competent authority. On 23.01.1987, Tahsildar, Rajnandgaon, after due and requisite verification, issued a caste certificate to the petitioner that the petitioner is a member of Scheduled Tribe. On the basis of the sa
The court emphasized the protection of service benefits for appointments that have become final and considered the circumstances of caste certificate issuance to determine entitlement to benefits.
The main legal point established in the judgment is the protection of the petitioner's service despite the cancellation of her caste certificate, along with the limitation on claiming benefits as a S....
Failure to provide an opportunity for hearing and consider evidence leads to quashing of administrative orders.
The main legal point established in the judgment is the protection granted to individuals who obtained jobs prior to a certain date and the need for bona fide certification of caste.
The verification of validity of caste certificate and determination of caste status should be done only by the Caste Scrutiny Committee constituted in accordance with the law.
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
The central legal point established in the judgment is the requirement for the proper constitution of the High Power Caste Scrutiny Committee in accordance with the law and the directives of the Supr....
The main legal point established in the judgment is the requirement for proper verification of caste certificates and the jurisdiction for such verification, as well as the need for a fresh enquiry i....
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