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2004 Supreme(All) 2273

RAKESH SHARMA, U.K.DHAON
Ghanshyam Das – Appellant
Versus
Union of India – Respondent


Advocates:
Counsel for the Petitioner: S. P. Shukla.
Counsel for the Respondents: C.S.C. Sharad Kumar Srivastava, U. K. Srivastava and Anurag Srivastava.

JUDGMENT

U. K. Dhaon and Rakesh Sharma, JJ.—Heard Sri S. P. Shukla, learned counsel for the petitioner, Sri U. K. Srivastava, learned counsel appearing on behalf of opposite party No. 5, Sri Sharad Kumar Srivastava, Additional

Standing Counsel for the Central Government appearing on behalf of opposite party No. 1 and Sri Anurag Srivastava, learned counsel appearing on behalf of opposite party No. 6.

2. The petitioner has approached this Court against the order dated 31.3.1999, whereby the caste certificate dated 6.12.1996 issued in favour of the petitioner was cancelled. The petitioner has alleged that he is Kasera by birth, which is sub-caste of Shilpkar caste. The petitioner has alleged that on his representation a Caste Certificate dated 6.12.1996 was issued which provides that the petitioner belongs to Scheduled Castes category and without affording any opportunity the said certificate was cancelled by the order dated 31.3.1999. The learned counsel for the petitioner submits that Kasera is a sub-caste of Shilpkar and the Scheduled Castes Certificate are being issued to the persons of Kasera of sub-caste in the State of U. P. He further submits that the certificate of caste was










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