The validity of caste certificates must be assessed by Caste Scrutiny Committees as established by Supreme Court guidelines, rendering direct cancellations by magistrates unsustainable.

JUDGMENT :

MANOJ K. TIWARI, J.

1. By means of this writ petition, petitioner has sought the following reliefs:-

(a) Issue a writ, order or direction in the nature of Certiorari, quashing the order dated 13.10.223 (Annexure No. 16) passed by the Sub Divisional Magistrate, Bazpur, whereby the respondent No. 2 makes an approval for cancellation of caste certificate and order dated 07.11.2022 passed the respondent No. 3 (Annexure No. 17).

(b) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent not to take any action against the petitioner in pursuance of impugned order dated 13.10.2022 and 07.11.2022.

2. Petitioner was born and brought up in Village Narauda, Post Office Azam Nagar, Tehsil Billari, Moradabad (U.P.) and was married to one Mr. Babu Ram, who is resident of Village Maheshpura, Tehsil Bazpur, District Udham Singh Nagar (Uttarakhand).

3. Tehsildar Bazpur issued a certificate in favour of petitioner recognizing her as belonging to ‘Bahelia Community’ which is identified as Scheduled Caste in State of Uttarakhand. Petitioner contested election for the Office of Gram Pradhan, Village Maheshpura, which was reserved in the last election for a person belonging to Scheduled Caste and she was elected as Gram Pradhan. One Mr. Khub Singh (respondent no. 4), made a complaint that petitioner does not belong to Scheduled Caste and she has wrongly obtained caste certificate from Tehsildar Bazpur. Her caste certificate was ultimately cancelled by Tehsildar vide order dated 07.11.2022. The said order was passed by Tehsildar on the recommendation by his Superior Officer, namely, Sub-Divisional Magistrate.

4. In this writ petition, petitioner has challenged the order passed by Tehsildar on 07.11.2022 and also the recommendation made by Sub-Divisional Magistrate on 13.10.2022.

5. Learned counsel for the petitioner submits that Hon’ble Supreme Court has laid down detailed guidelines for dealing with the complaint, regarding false caste certificates, in the case of Madhuri Patil & another vs. Addl. Commissioner, Tribal Development & others, (1994) 6 SCC 241 and in the said judgment, it has been provided that validity of Scheduled Castes and Scheduled Tribes certificates shall be examined by the Caste Scrutiny Committee. However, in the present case, the complaint, regarding caste certificate of the petitioner, was not referred to the Caste Scrutiny Committee and the Sub-Divisional Magistrate himself examined the complaint, and on his recommendation, his Junior Officer passed the cancellation order. Thus, it is submitted that impugned orders are unsustainable in the eyes of law and the same may be quashed.

6. In the order passed by Sub-Divisional Magistrate, Bazpur on 13.10.2022, whereby recommendation was made to Tehsildar, reference was made to a Government Order No. 1301 dated 22.06.2022 issued by Personnel Department of the State Government. The same was not available on record, therefore, learned State Counsel was asked to get copy of the said Government Order.

7. Today, learned State Counsel produced copy of Government Order No. 1301 dated 22.06.2006 issued by Principal Secretary, Personnel Department, Government of Uttarakhand, which is taken on record.

8. Learned State Counsel submits that in the order passed by Sub-Divisional Magistrate, reference was made to this very Government Order, although year of Government Order was wrongly mentioned as “2022” while it was issued in “2006”.

9. Since the Government Order produced by lea