Repeated reopening of caste verification proceedings is impermissible when the issue has been examined and closed by competent authorities, ensuring finality in administrative decisions.

JUDGMENT :

Garima Prashad, J.

1. Heard Sri V.K. Singh, learned Senior Advocate assisted by Sri Navin Kumar Sharma, learned counsel for the petitioners, Sri Anand Bhaskar Srivastava, learned Standing Counsel for the State and Sri Aushim Luthra with Ms. Utkarshni Singh, learned counsel for the respondent No.5.

2. The present writ petition has been filed seeking the following reliefs:

i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 27.11.2020 (Annexure No.10 to this writ petition) passed by Respondent No.2 (State Level Caste Scrutiny Committee, Lucknow).

ii) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 18.12.2016 and 18.07.2017 (Annexure No.8 and 9 to this writ petition) passed by respondent No.3 (Regional Level Caste Scrutiny Committee, Prayagraj).

iii) Issue a writ order or direction in the nature of certiorari to quash the proceedings pending before Regional Level Caste Scrutiny Committee, Prayagraj as well as District Level Caste Scrutiny Committee, Prayagraj in respect of the caste verification of the petitioners.

3. Learned Senior Advocate appearing for the petitioners submits that both the petitioners belong to the Other Backward Class category, namely Bhishti Abbasi, which has been notified as an OBC caste by Gazette notification dated 06.08.1997. A caste certificate to that effect was also issued by the competent authority in favour of petitioner no.2.

4. It is submitted that the dispute arose from a complaint dated 14.12.2011 filed by one Late Nazmuddin before the State Government alleging that the caste certificates of the petitioners were not genuine. Acting upon the said complaint, the State Government by order dated 10.02.2012 directed the District Level Caste Scrutiny Committee, Prayagraj to conduct an enquiry regarding the validity of the caste certificates and submit its report.

5. Pursuant to the said direction, the District Level Committee conducted an enquiry and by order dated 03.04.2014 found the complaint to be baseless and upheld the validity of the caste certificates of the petitioners. It is further submitted that apart from the said enquiry, a departmental enquiry was also conducted regarding the caste certificate of petitioner no.2 which culminated in an order dated 16.05.2012 declaring the certificate to be valid.

6. During the pendency of the proceedings, the original complainant Late Nazmuddin died on 17.03.2013. Thereafter, his son Zafaruddin (respondent no.5) filed an appeal before the Regional Level Caste Scrutiny Committee. The Regional Level Committee by order dated 27.05.2015 recorded that the order dated 03.04.2014 passed by the District Level Committee was correct and required no interference, however it directed the District Level Committee to examine certain additional documents produced by respondent no.5. In compliance thereof, the District Level Committee again examined the matter and by order dated 20.01.2016 reiterated its earlier findings and refused to interfere with its order dated 03.04.2014.

7. It is further submitted that the State Government