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2022 Supreme(All) 1185

SIDDHARTHA VARMA, AJIT SINGH
Raj Mangal Gond – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Krishna Mohan Misra, Sr. Advocate

JUDGMENT :

Siddhartha Varma, J.

Heard learned counsel for the parties.

1. The petitioner who claimed himself to be a Gond with a permanent domicile of Village Kasamriya, District Maharajganj had a Caste Certificate of being a Scheduled Caste which was dated 6.6.1996. However, when the parliament in the exercise of its power under Article 342(2) of the Constitution of India brought the Scheduled Caste and Scheduled Tribe Orders (Amendment) Act, 2002 and had considered Gond Caste residing in the District Maharajganj to be of the Scheduled Tribe, the petitioner again applied for a certificate holding that the petitioner was of the Scheduled Tribe. When the Tehsildar who was adjudicating the matter held that the petitioner was not of the Gond Caste but was of the Kahar caste, the petitioner challenged the matter before the District level Caste Scrutiny Committee, Maharajganj. On 04.10.2014 the District level Caste Scrutiny Committee, Maharajganj remitted the matter back to the Tehsildar for examining the evidence and directed him to reconsider the evidence and thereafter to issue the

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