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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 :
ARVIND KUMAR VERMA, J.
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.
2. The petitioner was elected as the Sarpanch, Gram Panchayat, Pendarwa. It is the case of the petitioner that because of some personal animosity, a complaint was lodged against the petitioner before respondent No. 2, impugned notice dated 04.07.2025 has been issued to the petitioner asking to produce her certificate on 24.07.2025 failing which appropriate action will be taken against her.
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
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....
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