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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
| Table of Content |
|---|
| 1. jurisdiction of the high power certification scrutiny committee. (Para 1) |
| 2. facts regarding petitioner’s caste certificate. (Para 2) |
| 3. contentions from the petitioner and respondents. (Para 3 , 4) |
| 4. analysis of sections 6 and 7 of the act of 2013. (Para 6 , 7 , 8 , 9) |
| 5. principle of following prescribed legal procedures. (Para 10 , 11) |
| 6. jurisdictional error in the high power certification scrutiny committee's action. (Para 12) |
| 7. writ petition outcome and costs. (Para 13) |
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 Division
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.
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