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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Ghanshyam Bhati S/o Shri Parmanand Bhati Thr. Guardian Shri Ghisalal Bhati – Appellant
Versus
General Administration Department – Respondent
ORDER :
SUBODH ABHYANKAR, J.
1] Heard.
2] This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-
3] The grievance of the petitioner is that vide order dated 07.10.2019, the claim of the petitioner for issuance of scheduled tribe caste certificate has been rejected by the respondent No.3 SDO, Neemuch. Vide the impugned order dated 07.10.2019, the respondent No.3 has observed that since in the revenue record, the caste of the petitioner has been at some place Mogia and at other places Bawari, hence, he cannot be issued the caste certificate.
4] The petitioner has relied upon the caste certificate issued to his father on 18.06.2016, by the respondent No.3, and has also relied upon the Circular issued by the State Government (Annexure P/9) dated 11.08.2016, wherein it has been provided that for the conformation of one’s caste, the caste certificate issued to his/her father, uncle, brother, sister or grand-father, subsequent to 1996 by the SDO, shall be admissible. Thus, it is submitted that since the caste certificate holding that the father of the petitioner belongs to Mogia caste, which is a scheduled tribe in the
A caste certificate may be issued based on existing certificates of family members, irrespective of discrepancies in revenue records, recognizing the Mogia caste as a Scheduled Tribe.
The main legal point established in the judgment is the authority's requirement to take a prima facie view at the time of issuance of tribe/caste certificate, followed by scrutiny by the Scheduled Tr....
The authority to verify Caste Certificates and the jurisdiction to cancel or issue fresh certificates lies with the Caste Scrutiny Committee under the Government Order dated 28.02.2011, unless obtain....
Caste certificate issuance must adhere to verification requirements reflecting historical residency and ancestry, as established in relevant laws, necessitating careful examination of applicants' bac....
Caste certificates should only be issued to individuals belonging to the castes mentioned in the Presidential Order, as interpreted by the law declared by the Supreme Court.
The central legal point established in the judgment is the requirement for the Competent Authority to issue a Caste Certificate after satisfying itself about the genuineness of the claim, and the lim....
Failure to communicate rejection reasons violates natural justice principles.
The authorities exceeded their jurisdiction in denying caste certificates, improperly evaluating the validity of caste claims contrary to statutory provisions.
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