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1996 Supreme(All) 1271
HIGH COURT OF ALLAHABAD
M.Katju
CHANDRA BHAN
Versus
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY NOIDA GHAZIABAD
Decided On : 08 November 1996
C. M. W. P. No. 24266 of 1994
MURLIDHAR, SUMAN AGRAWAL, U.S.Awasthi,
The central legal point established is the authority's obligation to decide the petitioner's scheduled caste status and the interpretation of the caste certificate within a specified timeframe.
Headnote:
Scheduled Caste - Caste Certificate - The court directed the Secretary, Harijan Welfare, Government of U. P. to decide whether Hindu Julaha is a scheduled caste or not, and to also decide if Hindu Julaha is covered by Kori, within two months of the production of the court's order.
Fact of the Case:
The petitioner sought to quash an order refusing to permit the petitioner to join as Accountant in New Okhla Industrial Development Authority, NOIDA, based on the controversy of whether the petitioner is a scheduled caste person or not.
Finding of the Court:
The court directed the concerned authority to decide whether the petitioner is a scheduled caste person and whether Hindu Julaha is covered by Kori, within two months of the production of the court's order.
Issues: Controversy over the petitioner's scheduled caste status and the interpretation of the caste certificate.
Ratio Decidendi: The court directed the concerned authority to make a decision on the petitioner's scheduled caste status and the interpretation of the caste certificate within a specified timeframe.
Final Decision: The petition is disposed of, and the concerned authority is directed to pass the order accordingly in the matter pertaining to the petitioner.
Heard the counsel for the parties.
2. By means of this writ petition, the petitioner has prayed for quashing the im pugned order dated 25th November, 1991 by which the respondents refused to permit the petitioner to join as Accountant in New Okhla Industrial Development Authority, NOIDA. The short controversy in this case is whether the petitioner is a scheduled caste person or not. The petitioner claims that he is Hindu Julaha by caste and he has produced certificate from Delhi State authorities were Hindu Julaha is treated as scheduled caste, but there is no such decla ration in U. P. In the counter-affidavit, it has been stated in paragraph 5 that the matter has been referred to the Secretary, Harijan Welfare, Government of U. P. but it has not yet been decided.
3. On the facts and circumstances of the case, I direct the Secretary, Harijan Wel fare, Government of U. P. to decide whether Hindu Julaha is a scheduled caste or not. Learned counsel for the petitioner contends that in U. P. Kori is declared to be a scheduled caste and that Hindu Julaha is covered by Kori. This controversy will also be decided by the said authority with in two months of production of a certified copy of this order in accordance with law. In accord ance with the decision, the concerned authority will pass the order accordingly in the matter pertaining to the petitioner. With these observations the petition is disposed of, finally.
Order accordingly.
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