IMPORTANT POINT
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 Supreme Court, as per the Notification dated 22.8.2013 and the decision in Madhuri Patil's case.

ORDER :

1. Challenge in this writ petition is to the order dated 26.12.2016 passed by the High Level Caste Certificate Scrutiny Committee (hereinafter shall be referred to as ‘the Committee’) by which the caste certificate of Scheduled Tribe issued in favour of petitioner has been cancelled on the ground that she does not possess any document prior to Notification dated 06.09.1950 showing her caste to be ‘Gond’.

2. Facts relevant for disposal of this writ petition, in brief, are that petitioner claiming herself to be the member of ‘Gond’ community, which comes within the category of Scheduled Tribe, has applied for issuance of a caste certificate and the same was issued in her favour by the District Coordinator, Tribal Welfare Department, Raipur on 10.2.1984. Vide order dated 6.2.1984 petitioner was appointed as Deputy Teacher under reserved category and posted at Primary Government Girls School, Basna, Mahasamund. On 1.9.2009 a complaint was received by the Chhattisgarh State Scheduled Tribe Commission with respect to correctness of caste certificate of petitioner. The matter was handed over to the Vigilance Cell to inquire into complaint and submitting its report. During course of inquiry, petitioner produced documents in support of her caste to be ‘Gond’, a scheduled tribe. The Vigilance Cell after inquiry submitted report dated 6/7.1.2016 holding that the petitioner failed to produce any document prior to year 1950 showing the caste of petitioner and her forefathers as ‘Gond’, hence, the caste of petitioner is not clear. On receipt of the vigilance cell report, notice dated 18.3.2016 was issued to petitioner asking her to show cause as to why the caste certificate issued in her favour should not be cancelled inasmuch as the same was obtained by her fraudulently. Petitioner did not submit any reply to show-cause notice. Thereafter, petitioner was called for personal hearing on 3.12.2016 which was attended by her. Petitioner submitted copy of school leaving certificate of the year 1968 in which her caste is mentioned as ‘Gond’, however, she did not submit any document prior to Notification 06.09.1950 showing her caste to be ‘Gond’. By the order impugned, the Committee cancelled the caste certificate of petitioner. Petitioner filed present writ petition assailing cancellation of her caste certificate and prayed for following relief:-

“1] That, this Hon’ble Court may kindly be pleased to writ/writs, order/orders, direction/directions quashing the impugned order dated 226.12.2016 bearing No. C.G./ A.J.J./ 323/ 2009/ 2391 (ANNEXURE P/1) passed by High Power Certificate Scrutiny Committee Tribal Research and Training Institute Raipur and all the consequential actions may also kindly be quashed and the respondent authorities may kindly be directed not to take any further steps in pursuance of the order dated 26.12.2016.

2] That, this Hon’ble Court may kindly be pleased to grant any other relief (s) which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

3. This writ petition came up for hearing on 25.1.2017 and an interim order in favour of petitioner was passed to the effect that no coercive steps shall be taken against her pursuant to the impugned order. During existence of interim order, an order of termination of petitioner from service was passed on 27.2.2017 which led the petitioner to file an application for amendment in writ petition seeking quashing of order dated 27.2.2017 (Annexure P-10) also. However, it appears from record that after passing of the order dated 27.2.2017, petitioner initiated proceedings for contempt and based on submission made by learned counsel for petitioner herein, said contempt petition came to be disposed of directing contemnor to issue appropriate remedial order taking note of interim order passed in favour of petitioner.

4. Learned counsel for the petitioner submits that petitioner’s forefathers belonged to Gond caste, they migrated from Odisha and settled down in