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2012 Supreme(MP) 44

SUJOY PAUL
Gokul Prasad – Appellant
Versus
State Level Committee – Respondent


Advocates Appeared:
Vivek Dalal, Vivek Sharma

Judgment

( 1. ) THE brief facts necessary for adjudication of this matter are as under:- THE petitioner obtained a certificate Annexure P-3 dated 2-11-1982 certifying that he belongs to "BHUNJIYA" caste which is notified Scheduled tribe in the State of Madhya Pradesh. However, subsequently pursuant to some complaint, the High Level Caste Verification Committee took cognizance of the matter and by the impugned order dated 17-7-2007 cancelled the aforesaid caste certificate of the petitioner. This cancellation order Annexure P-2 is called in question in the present writ petition.

( 2. ) SHRI Dalal, learned counsel for the petitioner submits that as per the judgment of the Supreme Court; in Madhuri Patil vs. Additional Commissioner, Tribal Development and ors., AIR 1995 SC 94. the Vigilance Officer/ Superintendent of Police (SP) prepared and filed two reports before the Committee, which are annexed with the petition at page 42 and 46 respectively. By placing reliance on these two reports of the SP, SHRI Dalal submits that both the reports clearly show that the petitioner's caste was found to be 'Bhunjiya' and reports are in his favour. By drawing the attention on the circular of G.A.D.































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