IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Sanjay K. Agrawal, J
Harihar Prasad Parate S/o Late Shri Durga Prasad Parate – Appellant
Versus
Advocate General, State Of Chhattisgarh, High Court Of Chhattisgarh Premises, Village Bodri, Police Station Chakarbhata, Tehsil Belha, Civil And Revenue District Bilaspur, Chhattisgarh – Respondent
Order :
(Sanjay K. Agrawal, J.)
1. Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein calls in question legality, validity and correctness of order dated 17.08.2015 (Annexure P/1) passed by the High Power Certification Scrutiny Committee constituted under Section 7(1) of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (herein after to be referred to as the “Act, 2013” for brevity) read with notification dated 22.08.2013, by which the petitioners’ caste certificate has been invalidated/revoked.
2. The aforesaid challenge has been made on the following factual backdrop: -
2.1 The petitioner was appointed as ‘Peon’ in the office of the Advocate General on 18.07.2005 (Annexure P/2). Thereafter, on the basis of a complaint made against the petitioner, the petitioner was served with a show cause notice by the Scrutiny Committee on 04.07.2014 (Annexure P/12), to which he submitted his response on 21.07.2014 (Annexure P/13). Thereafter, the impugned order dated 17.08.2015 was passed by the Scrutiny Committee consisting of a Chairman and
Ramchandra Keshav Adke And Ors v. Govind Joti Chavare And Ors.
Kumari Madhuri Patil and another v. Addl. Commissioner, Tribal Development and others
State of Madhya Pradesh Through Principal Secretary and another v. Mahendra Gupta and others
The absence of required members in a statutory committee invalidates its proceedings, necessitating adherence to prescribed legal frameworks.
The High Power Certification Scrutiny Committee lacked jurisdiction to revoke the caste certificate as it was not referred by the District Level Certificates Verification Committee or by the State Go....
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....
High Power Certification Scrutiny Committee lacks jurisdiction to directly entertain complaints on social status certificates without referral by District Level Committee or State Government.
The court emphasized the importance of scrutinizing caste certificates with utmost expedition and promptitude, and highlighted that re-opening cases without sufficient reason would be detrimental to ....
(1) Reservation – Order passed by Scrutiny Committee which reflects due appreciation of evidence and application of mind and in absence of any allegation of bias/malice or lack of jurisdiction, distu....
Caste Scrutiny Committee lacks jurisdiction to suo motu review validity certificates; review powers must be statutory, not inherent.
The main legal point established in the judgment is that the Scrutiny Committee had no statutory power to re-examine a Caste Validity Certificate already issued, and thus, the cancellation was withou....
The Scrutiny Committee cannot recall validity certificates absent explicit legislative power for review, even in instances of fraud or misrepresentation.
The Sub-Divisional Officer lacks jurisdiction to cancel caste certificates; only the High Power Caste Scrutiny Committee can do so after following due process.
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