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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Hon'ble Pankaj Bhatia,J.
Satish Dhuriya – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Social Welfare/Chairman State Level Caste Scrutiny Lko. – Respondent
| Table of Content |
|---|
| 1. petitioner challenges cancellation of caste certificate. (Para 3 , 4 , 5 , 6 , 7) |
| 2. arguments presented regarding the validity of the caste certificate. (Para 8 , 11 , 12 , 13) |
| 3. counterarguments concerning the petitioner's caste claim. (Para 14 , 15 , 16) |
| 4. state level committee's authority limited by government order. (Para 18) |
| 5. court quashes state level committee's order, restoring petitioner's position. (Para 19 , 20 , 21) |
JUDGMENT :
Pankaj Bhatia, J.
1. An order passed by the Hon'ble Supreme Court in Special Leave Petition (Civil) Diary No(s).2764 of 2025 passed on 07.03.2025, a request has been made to decide the matter expeditiously, preferably within a period of three months. In pursuance of the said request, the matter is being taken up for decision.
2. Heard learned counsel for the petitioner, Shri Saharsh Srivastava, learned Additional Chief Standing Counsel and Shri Krishna Ram Yadav, learned counsel appearing on behalf of the complainant/ opposite party no.4.
3. The present petition has been filed by the petitioner challenging the order dated 25.01.2023 passed by the opposite party no.1/ State Level Caste Scrutiny Committee, Lucknow dismissing the appeal
The State Level Caste Scrutiny Committee must accept a favorable vigilance report unless there is significant contrary evidence; it cannot exceed its jurisdiction by dismissing appeals based on the r....
Caste Certificates must be presumed valid if issued following due process unless proved fraudulent; 'Sheikh' is deemed a title, not a caste, within Muslim community.
Caste certificates issued after due procedure possess a presumption of validity, which cannot be disregarded without substantial evidence of fraud or misrepresentation.
The judgment emphasizes the need for thorough inquiry and investigation before cancelling caste certificates and clarifies the scope of jurisdiction under Article 226 of the Constitution of India for....
The central legal point established in the judgment is the requirement for the proper constitution of the High Power Caste Scrutiny Committee in accordance with the law and the directives of the Supr....
Repeated inquiries for verification of caste certificates would be detrimental to members of Scheduled Castes and Scheduled Tribes. Reopening of inquiry into caste certificates can be only in case th....
Authority issuing caste certificates cannot conduct inquiries once a Scrutiny Committee has made a determination.
The Sub-Divisional Officer lacks jurisdiction to cancel caste certificates; only the High Power Caste Scrutiny Committee can do so after following due process.
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