The burden of proof lies on the petitioner to establish his caste status, and individuals securing appointments based on false certificates can be terminated under the Tripura Scheduled Castes & Scheduled Tribes Reservation Act, Section 8(11)(a).

The petitioner contended that he belonged to Scheduled Caste (Jalia Kaibarta) community and after due inquiry a caste certificate was issued in his name by the Sub-Divisional Officer, Sadar Sub-Division on 26.05.1984 (Annexure-A to the writ petition). It is alleged that on 13.03.1996, Sub-Divisional Officer, Sadar Sub-Division Agartala issued a show cause notice to the petitioner as to why the caste certificate should not be cancelled on the ground that on enquiry it was found that the petitioner does not belong to Scheduled Castes community. Thereafter, on 04.10.1996 another show cause notice was issued and the petitioner submitted reply on 17.10.1996 but thereafter the Sub-Divisional Officer, Sadar by order dated 01.06.1998 cancelled his Scheduled Castes certificate issued on 26.05.1984.

The petitioner challenged the order by filing Civil Rule No.195 of 1998 before Agartala Bench of the then Gauhati High Court and by a common judgment dated 04.01.2006 the writ petition was allowed and the order dated 01.06.1998 passed by the Sub-Divisional Officer, Sadar was quashed. A copy of that judgment annexed as Annexure-B to the writ petition.

After that judgment the State Level Scrutiny Committee issued a notice on 23.06.2006 to the petitioner to show cause as to why his Scheduled Castes certificate should not be cancelled on the ground that the Committee was prima facie satisfied that the Scheduled Castes certificate of the petitioner was not genuine and that it was a false certificate obtained by the petitioner and in response to that show cause the petitioner submitted his reply on 03.08.2006. The petitioner annexed the copy of show cause notice and his reply as Annexure-C and Annexure-D to the writ petition.

It is alleged that the State Level Scrutiny Committee thereafter cancelled the caste certificate of the petitioner by order dated 28.11.2006 and a copy of that order was communicated to the petitioner by the Member Secretary of the State Level Scrutiny Committee by letter dated 05.01.2007 and a copy of that order with forwarding letter annexed as Annexure-E to the writ petition.

The petitioner, thereafter made representation for review of the order but it was rejected. The petitioner, therefore, prayed for the following relief:

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(b) issue writ quashing, setting aside and/or reversing the impugned order, dated 28112006 of the State Level Scrutiny Committee, communicated to the Petitioner vide No.1583436/F.2134(A)(JIR7)SCW/GL/ 98, dated 512007 purportedly cancelling the Scheduled Caste certificate of the Petitioner for second time (Annexure-E) and also the impugned review order, dated 1692009 passed by the Member-Secretary,

State Level Secretary Scrutiny Committee, which was communicated to the Petitioner vide No.12215 F.2 134(A)(Jir7)/SCW/GL/98, dated 8102009(Annexure G) and also directing the Respondents and each of them not to give effect to the aforesaid orders in any manner whatsoever;

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2. Respondents by filing counter affidavit contended that there was a detailed vigilance enquiry in respect of the caste status of the petitioner and enough evidence was collected in support of the contention that the caste status certificate was obtained by false representation and therefore after the judgment was passed by the High Court in the civil rule, the State Level Scrutiny Committee issued show cause notice to the petitioner asking him to show cause as to why his caste status certificate should not be cancelled and he was provided opportunity to adduce evidence in support of his contention of his caste status but he did not adduce any evidence to prove that he belonged to Scheduled Castes community and therefore the State Level Scrutiny Committee rightly passed the order cancelling the certificate and the order does not deserve any interference by this Court.

3. It is an undisputed fact that SDO, Sadar issued a caste status certificate in the name of the petitioner on 26.05.1984 and thereby certified that the pe