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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
Rajkumar Gadpayle S/o Eak Nath Gadpayle – Appellant
Versus
State of Chhattisgarh – Respondent
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
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 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 absence of required members in a statutory committee invalidates its proceedings, necessitating adherence to prescribed legal frameworks.
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 ....
The Sub-Divisional Officer lacks jurisdiction to cancel caste certificates; only the High Power Caste Scrutiny Committee can do so after following due process.
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 central legal point established in the judgment is the requirement for the Competent Authority to issue a Caste Certificate after satisfying itself about the genuineness of the claim, and the lim....
Repeated inquiries for verification of caste certificates would be detrimental to members of Scheduled Castes and Scheduled Tribes. Reopening of inquiry into caste certificates can be only in case th....
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