High Power Certification Scrutiny Committee lacks jurisdiction to directly entertain complaints on social status certificates without referral by District Level Committee or State Government.

ORDER :

1. The short question involved in this petition as to whether the High Power Certification Scrutiny Committee can directly entertain the request/application for enquiry into social status certificate without being referred by the District Level Certificates Verification Committee under Section 6 or by the State Government in view of the provisions contained in Section 7 of the Chhattisgarh Scheduled Casts, Scheduled Tribes & Other Backward Classes (Regulation of Social States Certification) Act, 2013 (for short “the Act of 2013”).

2. The aforesaid question of law arises in the following factual backdrop :-

(i) The petitioner was issued a caste certificate of caste “Mahar” by the Sub Divisional Officer (Certification) Durg on 30.01.2004 and thereafter on 10.01.2006, he joined government service in the Agriculture (Animal Husbandry) Department, Govt. of Chhattisgarh as Veterinary Doctor/ Assistant Surgeon/ Veterinary Expansion Officer.

(ii) The petitioner is working in the Chhattisgarh Kamdhenu University, Durg and on a complaint being received, the Registrar of the Chhattisgarh Kamdhenu University informed the matter to the Director, Tribal Research & Training Institute, Raipur to verify and enquire about the caste status of the petitioner and thereafter the High Power Caste Certification Scrutiny Committee entertained the complaint and by order dated 29.06.2019, revoked the caste certificate of the petitioner, which was issued on 30.01.2004, resulting into filing of this writ petition.

3. Mr. Love Kumar Ramteke, learned counsel for the petitioner, would submit that the High Power Certification Scrutiny Committee has no power and jurisdiction to entertain the complaint directly, it has power and jurisdiction to verify the social status certificate(s) only when reference is made by District Level Certificates Verification Committee under Section 6 or by the State Government; therefore, the impugned order is liable to be set aside.

4. Mr. Rahul Tamaskar & Mr. A.S.Kachhawaha, learned counsel appearing for the respondents, would support the impugned order and submits that the petition is liable to be dismissed.

5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.

6. In order to consider the plea raised at the Bar, it would be appropriate to reproduce Sections 6 & 7 of the Act of 2013. Section 6 reads as under:-

“6. District Level Certificates Verification Committee and its powers:

(1) There shall be a District Level Certificates Verification Committee with such composition as may be prescribed for verification of Social Status Certificate issued by the Competent Authority under Section 4, as may be notified by the State Government having jurisdiction over one or more districts.

(2) A district Level Certificates Verification Committee shall on its own motion or on receipt of any information or reference made to it, in regard to Social Status Certificate(s) issued by the competent Authority, verify such Certificate(s) in the manner as may be prescribed :

Provided that the reference made to the District Level Certificates Verification Committee by an employer, an Educational Institution, a Local Authority, the Central Government or the State Government, as the case may be, for verification of Social Status Certificate(s), shall be in such form and in such manner as may be prescribed, and it shall be the duty of the District Certificates Verification