Hon'ble S.C. Chaurasia,J. :—

Rejoinder affidavit filed on behalf of the petitioner is taken on record.

Heard Dr. L.P. Misra, learned counsel for the petitioner, Sri Gopal Pandey, learned counsel for the opposite party no. 4, learned Standing Counsel and perused the record.

With the consent of learned counsel for the parties, we proceed to decide the writ petition finally at the admission stage.

The instant writ petition under Article 226 of the Constitution of India has been preferred against the impugned order dated 12.01.2012 passed by the opposite party no. 3, Tehsildar, Tehsil Gola Gokarannath, District-Lakhimpur Kheri, by which, opposite party no. 3 has cancelled the caste certificate issued to the petitioner holding that petitioner does not belong to Scheduled Caste Category. The caste certificate issued earlier has been cancelled by the impugned order.

Learned counsel for the petitioner has invited attention of this Court towards the judgment of Hon'ble Supreme Court reported in (1994) 6 Supreme Court Cases 241, Kumar Madhuri Patil and another Vs. Additional Commissioner, Tribal Development and others followed by subsequent judgment reported in (1997) 5 Supreme Court Cases 437, Kumari Madhuri Patil and another Vs. Additional Commissioner, Tribal Development, Thane and others.

Attention of this Court has been invited towards para 13 of the aforesaid judgment reported in (1994) 6 Supreme Court Cases 241, Kumar Madhuri Patil and another Vs. Additional Commissioner, Tribal Development and others(surpa), whereby the Hon'ble Supreme Court has issued following guidelines for issuance of social status certificate. The para 13 of the aforesaid judgment is reproduced as under:-

"13. The admission wrongly gained or appointment wrongly obtained on the basis of false social status certificate necessarily has the effect of depriving the genuine Scheduled Castes or Scheduled Tribes or OBC candidates as enjoined in the Constitution of the benefits conferred on them by the Constitution. The genuine candidates are also denied admission to educational institutions or appointments to office or posts under a State for want of social status certificate. The ineligible or spurious persons who falsely gained entry resort to dilatory tactics and create hurdles in completion of the inquiries by the Scrutiny Committee. It is true that the applications for admission to educational institutions are generally made by a parent, since on that date many a time the student may be a minor. It is the parent or the guardian who may play fraud claiming false status certificate. It is, therefore, necessary that the certificates issued are scrutinised at the earliest and with utmost expedition and promptitude. For that purpose, it is necessary to streamline the procedure for the issuance of social status certificates, their scrutiny and their approval, which may be the following:

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, tribe, tribal community, parts or groups of tribes or tribal communities, the place from which he originally hails 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 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) an Additional or Joint Secretary or any officer higher in rank of the Director of the department concerned, (11) the Director, Social Welfare/Tribal We

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