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2006 Supreme(Del) 392

High Court Of Delhi
UOI - Appellant
Versus
GOPAL MEHTO - Respondent
Decided On : 03/02/2006

The legal principle established is the mandatory verification of caste certificates for government employees based on the Madhuri Patil and Vishwanath Pillai's case.

Headnote:

Caste Certificate - Applicability of Madhuri Patil and Vishwanath Pillai's case - 1994 (6) SCC 241, 2004 SCC (Lands) 350

Fact of the Case:

The writ petition challenges the order passed by the CAT regarding the applicability of the Madhuri Patil and Vishwanath Pillai's case on the verification of caste certificates for government employees.

Finding of the Court:

The court affirmed the tribunal's order based on the legal positions established in the Madhuri Patil and Vishwanath Pillai's case. It directed the formation of a Verification Committee in the state of Bihar for caste certificate verification.

Issues: Applicability of Madhuri Patil and Vishwanath Pillai's case, existence of Verification Committee in the State of Bihar

Ratio Decidendi: The court found no fault in the tribunal's judgment based on the legal positions established in the Madhuri Patil and Vishwanath Pillai's case.

Final Decision: The writ petition was affirmed, and a direction was given for the formation of a Verification Committee in the state of Bihar for caste certificate verification.

MUKUL MUDGAL, J.

( 1 ) THE present writ petition challenges the order dated 6-7-04 passed by the CAT. The core issue arising in the present petition is the applicability of the judgment of the Hon ble Supreme Court reported as Madhuri Patil and Anr. Vs. Addl. Commissioner, Tribal Development and Ors. , 1994 (6) SCC 241 where on the issue of social status certificate and cancellation of appointment of a government employee the following guidelines were laid down:"1. The application for grant of social status certificate shall be made to the revenue Sub-Divisional Officer and Deputy Collector or Deputy Commissioner and the certificate shall be issued by such officer rather than at the officer, taluk or Mandal level. "

( 2 ) THE parent, guardian or the candidate, as the case may be, shall file an affidavit duly sworn and attested by a competent gazetted officer or non- gazetted officer with particulars of castes and sub-castes, tribes, tribal community, parts or groups of tribes or tribal communities, the place from which the originally falls from and other particulars as may be prescribed by the Directorate concerned.

( 3 ) APPLICATION for verification of the caste certificate by the Scrutiny committee shall be filed at least six months in advance be before seeking admission into educational institution or an appointment to a post.

( 4 ) ALL the State Governments shall constitute a committee of three officers namely (1) Additional or Joint secretary or any officer higher in rank of the director of the department concerned, (II) the Director, Social welfare/tribunal Welfare/backward Class Welfare, as the case may be, and (III) in the case of Scheduled Castes another officer who has intimate knowledge in the verification and issuance of the social status certificates. In the case of the Scheduled Tribes, the Research Officer who has intimate knowledge in identifying the tribes, tribal communities, parts of or groups of tribes or tribal communities.

( 5 ) EACH Directorate should constitute a vigilance cell consisting of Senior deputy Superintendent of Police in over all charge and such number of Police inspectors to investigate into the social status claims. The Inspector would go to the local place of residence and original place from which the candidate hails and usually resides or in case of migration to the town or city, the place from which he originally hailed from. The vigilance officer should personally verify and collect all the facts of the social claimed by the candidate or the parent or guardian, as the case may be. He should also examine the school records, birth registration, if any. He should also examine the parent, guardian or the candidate in relation to their caste etc. or such other persons who have knowledge of the social status of the candidate and then submit a report to the Directorate together with all particulars as envisaged in the proforma, in particular, of the Scheduled Tribes relating to their peculiar enthropological and ethnological traits, deity rituals, customs, mode of marriage, death ceremonies, method of burial of dead bodies etc. by the caste or tribes or tribal communities concerned etc.

( 6 ) THE Director concerned, on receipt of the report from the vigilance officer if he found the claim for social status to be ?not genuine? or doubtful or spurious or falsely or wrongly claimed, the Director concerned should issue show-cause notice supplying a copy of the report of the vigilance officer to the candidate by a registered post with acknowledgement due or through the head of the educational institution concerned in which the candidate is studying or employed. The notice should indicate that the representation or reply, if any, would be made within two weeks from the date of the receipt of the notice and in no case on request not more than 30 days from the date of the receipt of the notice. In case, the candidate seeks for an opportunity of hearing and claims an inquiry to be made in that behal












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