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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
Ramashish Singh S/o Late Bhagirathi Singh – Appellant
Versus
State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department – Respondent
ORDER :
Sanjay K. Agrawal, J.
1.Invoking jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein seeks to challenge the legality, validity and correctness of the order dated 7.9.2019 (Annexure-P/1) by which the petitioner’s caste has been revoked by the High Power Certification Scrutiny Committee under Section 7 of the Chhattisgarh Scheduled Castes, Scheduled Tribes & Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (henceforth ‘the Act, 2013’).
2. The aforesaid challenge has been made on the following factual backdrop.
3. The petitioner was appointed on the post of Second Grade Clerk by the Collector, Surguja, vide order dated 18.1.1982 and thereafter he was promoted on the post of Assistant Grade-II. The petitioner was further promoted on the post of Auditor and vide order dated 22.3.2018, he was promoted on the post of Superintendent, Land Records. During his tenure, a caste certificate was issued in favour of the petitioner stating that he belongs to ‘Gond’ community. The said certificate was verified by the District Level Certificates Verification Committee under Section 6 of the Act, 2013. The said Committee is
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....
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 absence of required members in a statutory committee invalidates its proceedings, necessitating adherence to prescribed legal frameworks.
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 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 ....
State Commission lacks adjudicatory authority; it cannot determine caste or tribe status of individuals or demand caste certificate production.
The verification of validity of caste certificate and determination of caste status should be done only by the Caste Scrutiny Committee constituted in accordance with the law.
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 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....
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