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.

JUDGMENT :

SARAL SRIVASTAVA, J.

1. Heard Sri Shashi Nandan, learned Senior Counsel assisted by Ms. Shreya Gupta, learned counsel for the petitioner, Sri Ashok Mehta, learned Additional Advocate General for the State-respondent nos.1 to 5, Sri V.K. Singh, learned counsel for the respondent no.6, Sri T.A. Khan, learned counsel for the respondent no.7 and perused the records.

2. The petitioner by means of the present writ petition has assailed the order dated 09.06.2023 passed by the District Level Caste Verification Committee, District Muzzafarnagar (respondent no.4), the order dated 15.07.2023 passed by the Divisional Appellate Forum for Caste Certificate Verification Committee, Saharanpur Division, Saharanpur (respondent no.3) and the order dated 14.02.2024 passed by the State Level Caste Verification Committee, Department of Social Welfare, Government of Uttar Pradesh, Lucknow (respondent no.2), whereby the Caste Certificate of the petitioner belonging to ‘Kalal Community’ has been declared to be ‘invalid’.

3. The case of the petitioner is that the petitioner was issued a Caste Certificate on 04.03.2011 of ‘Kalal Community’ which is a Backward Caste. The petitioner contested the election of the President of Nagar Palika Parishad, Khatauli, Muzzafarnagar in the year 2023 and was declared ‘elected’ as Chairman, Nagar Palika Parishad, Khatauli, Muzzafarnagar. Aggrieved thereby, the respondent no.6 Sri Krishna Pal, the Defeated Candidate in the Election of Nagar Palika Parishad, Khatauli, Muzzafarnagar, has challenged the election of the petitioner through an Election Petition No.05 of 2023 on the ground that the petitioner does not belong to ‘Kalal Community’. The respondent no.6 on 18.05.2023 submitted a complaint to the authority against the Caste Certificate of the petitioner asserting that the petitioner does not belong to ‘Kalal Community’. On the complaint of respondent no.6, an inquiry was conducted by the Sub-Divisional Magistrate who submitted a report on 22.05.2023 stating that the petitioner does not belong to ‘Kalal Community’.

4. The petitioner has enclosed a Government Order dated 05.01.1996 at page no.139 to the writ petition which provides the guidelines as to how a Caste Certificate is to be issued and the inquiry is to be conducted relating to the Caste Certificate. The District Level Committee (respondent no.4) by order dated 09.06.2023 cancelled the Caste Certificate of the petitioner holding that the petitioner is not a member of ‘Kalal Community’ and he belongs to ‘Sheikh Community’ which does not come under the category of Backward Class.

5. The petitioner, thereafter, preferred an appeal before the Divisional Appellate Forum (respondent no.3). The Divisional Appellate Forum by order dated 15.07.2023 dismissed the appeal of the petitioner and affirmed the order of the District Level Committee dated 09.06.2023 holding that the petitioner does not belong to ‘Kalal Community’.

6. The petitioner, thereafter, preferred an appeal before the State Level Committee (respondent no.2), which was also dismissed by order dated 14.02.2024, and the State Level Committee affirmed the orders dated 09.06.2023 and 15.07.2023.

7. It transpires from the record that the vigilance report was obtained by the State Level Committee which was in favour of the petitioner. However, the State Level Committee by order dated 14.02.2024 rejected the vigilance report and concluded that the petitioner does not belong to ‘Kalal Community’.

8. Challenging the aforesaid orders, Sri Shashi Nandan, learned Senior Counsel appearing for the petitioner, contends that the finding returned by th