Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ARVIND KUMAR VERMA
Anjani Bai Baiga, W/o. Ram Dhiwar – Appellant
Versus
State of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department – Respondent
| Table of Content |
|---|
| 1. counsel argues notice lacks legal authority. (Para 3 , 4) |
| 2. court reviews role of commission. (Para 5 , 6 , 7) |
| 3. commission's powers are advisory, not adjudicative. (Para 8 , 9 , 10 , 11) |
| 4. verification of caste certificates managed by appropriate authority. (Para 12 , 13 , 14) |
| 5. court grants relief to petitioner. (Para 15) |
Order :
1. Invoking the extraordinary jurisdiction of this Court, petitioner has called in question the legality, validity and correctness of order/notice dated 04.07.2025 (Annexure P/1) issued by respondent No. 2 namely Chhattisgarh State Schedule Tribe Commission against the petitioner.
3. Mr. Goutam Khetrapal, learned counsel for the petitioner, would submit that notice issued by. respondent No. 2 vide Annexure P/1 is absolutely without jurisdiction and without authority of law. The caste certificate can be verified by the caste Scrutiny Government in view of the decision rendered by the Supreme Court in the matter of Madhuri Patil v Commissioner, Tribal Development in (1994) 6 SCC 241 followed with approval in the matter of Collector, Bilaspur v. Ajit P.K. Jogi and others in (2011) 10 SCC 357 further followed in the matter of Chairman and Ma
State Commission lacks adjudicatory authority; it cannot determine caste or tribe status of individuals or demand caste certificate production.
The National Commission for Scheduled Castes and Scheduled Tribes lacks jurisdiction to investigate individual caste status claims, which violates natural justice principles.
The Assistant Commissioner lacks jurisdiction to hear appeals against the cancellation of caste certificates by the Tahsildar, as the Tahsildar's actions were merely implementing the Committee's orde....
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....
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 National Commission for Scheduled Tribes exceeded its jurisdiction and acted as an adjudicatory authority, which was beyond its powers. Th....
The Caste Scrutiny Committee lacks the authority to review a validated caste certificate; it can only cancel it if fraud is proven, and must afford a fair hearing as dictated by principles of natural....
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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
