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2023 Supreme(MP) 671

MILIND RAMESH PHADKE
Amit Kewat – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
D.P. Singh, Advocate, D.S. Raghuwanshi, Advocate, Deepak Khot, Advocate

JUDGMENT

MILIND RAMESH PHADKE, J. - The present petition under Article 226 of the Constitution of India has been preferred being aggrieved by the order dtd. 27/9/2019 (received by the petitioner on 4/10/2019) by which the caste certificate of the petitioner has been declared to be illegal and consequent thereupon, the services of the petitioner have been terminated. The aforesaid order is challenged on the ground that it is without jurisdiction as the order with regard to any caste certificate, whether legal or illegal, can only be passed by a State Level Caste Scrutiny Committee as per the law laid down by the Hon'ble Supreme Court in the case of Madhuri Patil Vs. Additional Commissioner, Tribal Development AIR 1995 SC 94.

2. Shorn of unnecessary details, the facts which are necessary for adjudication of the present matter are as under:-

<UL>The petitioner who is an Ayurved Medical Officer was appointed on the aforesaid post on 2/7/2016 and is posted in Government Ayurved Hospital/Dispensary, Sirsod, District Shivpuri. A complaint was made against the petitioner by one Ram Prakash Pahariya with regard to his caste "Manjhi" to which the petitioner belongs that the petitioner had sub

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