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2021 Supreme(P&H) 578

ANIL KSHETARPAL
Harchand Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Jagdish Manchanda, Advocate, Mr. T.P.S.Chawla, Deputy Advocate, for the Appellant; Mr. H.C.Arora, Advocate, for the Respondent

ORDER

Anil Kshetarpal, J. - Six petitioners have filed this writ petition, seeking issuance of a writ in the nature of certiorari, quashing the communications dated 23.03.2020 and 04.05.2020. The controversy which requires adjudication is as to whether the petitioners have made out a case for interference, in the reports submitted by the 2 committees (tribunals), declaring that they were wrongly/incorrectly issued Social status(Schedule caste) certificates.

2. In this regard, it may be noted that in absence of any statutory provision, the Supreme Court in Kumari Madhuri Patil and Another v. Additional Commissioner, Tribal Development and Others (1994) 6 SCC 241, held that before cancelling the caste certificate, it would be incumbent to hold inquiry/investigations, at two different levels. In the judgment, certain guidelines were laid down, the relevant part whereof, reads as under:-

"4. All the State Governments shall constitute a Committee of three officers, namely, (1) an Additional or Joint Secretary or any officer higher in rank of the Director of the department concerned, (11) the Director, Social Welfare/Tribal Welfare/Backward Class Welfare, as the case may be, and (III) in th

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