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2012 Supreme(MP) 768

MADHYA PRADESH HIGH COURT AT GWALIOR BENCH
Sujoy Paul, J.
Rajendra Singh Saluja - Appellant
Versus
State of M.P.and others - Respondent
Writ Petition No. 6378-2011
Decided On : 21-03-2012

Advocates Appeared:
Appearances :Mr. K.N. Gupta, Sr. Advocate , Mr. Pawan Dwivedi, Advocate with him for the Petitioner
Mrs. Nidhi Patankar, Govt. Advocate for the Respondent Nos. 1 , 2
Mr. Anil Mishra , Mr:Rajnish Sharma, Advocates for the Respondent No. 3.

JUDGMENT :

 

Inthis petition under Article 226 of the Constitution of India, the petitionerhas called in question the legality, validity and propriety of the order passedby the Caste Verification Committee dated 10-8-2011 (Annexure P-1). The Committee by the said orderheld that the petitioner do not belong to "Sansi"(Scheduled Caste) Community and directed confiscation of the Caste Certificateissued in favour of the petitioner and furtherdirected to take appropriate action against the petitioner pursuant to cancellationof aforesaid Caste Certificate.

2.The learned Senior Counsel for the petitioner submits that initially thepetitioner preferred an application dated 20-2-2008 for grant of Provisional Caste Certificate. Theapplication was pregnant with all requisite documents and material. Theconcerned authority after examining the application and its averments waspleased to issue the Provisional Caste Certificate, dated 31-5-2008 (Annexure P-9). Thereafter, thepetitioner preferred application for grant of Permanent Caste Certificate on 3-6-2008. The learned Senior Counselsubmits that after due verification and proper application of mind, certificatedated 8-8-2008 (Annexure P16), i.e., Permanent Caste Certificate was issued in favourof the petitioner.

3.The learned Senior Counsel submits that it appears that subsequently somefrivolous complaints were made against the petitioner, which persuaded theState Level Caste Verification Committee (hereinafter called as the"Committee") to take cognizance of the matter. The learned SeniorCounsel submits that the said Committee is constituted as per the judgment ofSupreme Court in the case of Knmari Madhuri Patil and another Vs.Additional Co

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