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RAKESH MOHAN PANDEY
Divya Gautam, D/o- Late Shri S. P. Gautam – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
RAKESH MOHAN PANDEY, J.
1. The petitioner has filed this petition seeking the following relief(s):-
10.2 To kindly direct respondent High Power Caste Scrutiny Committee to reconsider the case of the petitioner and verify the petitioner's caste certificate, without insisting on the records prior to the year 1950.
10.3 To kindly direct respondents No. 4 to 6 not to take any action against the petitioner till final decision of reconsideration of the candidature by the High Power Caste Scrutiny Committee.
10.4 To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.”
2. The facts of the case, in a nutshell, are as follows:-
A) The father of the petitioner, who belongs to the Scheduled Caste, joined his services in the post of Lower Division Clerk (LDC) in the Department of Panchayat and Social Welfare in the year 1972 at Jagdalpur, CG. The date of the bi
The insistence on pre-1950 records for caste verification is contrary to established legal principles, particularly the Supreme Court's guidelines.
Reservation benefits are strictly confined to the State for which the caste is notified, and cannot be claimed across State lines based on marriage or migration.
The central legal point established in the judgment is that a person with a case based on falsehood has no right to approach the Court, and knowingly producing fabricated and fraudulent documents to ....
Cancellation of a caste certificate should be based on a detailed enquiry and the claimant should be granted necessary opportunity to prove their claim.
Point of Law : The object of Articles 341(1) and 342(1) of the Constitution is to provide additional protection to the members of the SC/ST having regard to the social and economical backwardness fro....
Point of Law : Petitioner is married in the State of Himachal Pradesh to a person belonging to OBC and even the Caste to which the petitioner belonged in the State of her origin has been declared as ....
Caste status is determined by the state of origin, and individuals migrating to another state cannot claim benefits of reservation in the new state.
The jurisdiction of the Competent Authority to issue a Caste Certificate is determined by the applicant's place of ordinary residence as of the deemed date, and a Caste Certificate issued by the appr....
Migrants cannot claim reservation benefits in a new state based on their original state's caste status, as established by Articles 341 and 342 of the Constitution.
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