Arindam Lodh, J.

By means of this intra court appeal, the appellant has challenged the legality and propriety of the judgment and order dated 20.11.2012 passed by the learned Single Judge declined to interfere with the impugned orders dated 30.07.2012 and 31.07.2012 cancelling and confiscating SC certificate issued in favour of the writ petitioner, appellant herein [orders of the State Level Scrutiny Committee constituted as per the provisions contained in Rule7A of the Tripura Scheduled Castes and Scheduled Tribes Reservation Rules, 1992 (as amended up to May, 2007)].

Facts in brief:

2. The writ petitioner-appellant (hereinafter referred to as the petitioner) has filed the writ petition stating, inter alia, that he belongs to “Jalia Kaibarta”, a recognised community as Scheduled Caste in the State of Tripura. The father and the forefather of the petitioner hailed from the village Hiradabad, sub-division, Brahmanbaria of the then East Pakistan. The village Hiradabad was mostly populated by “Jalia Kaibarta” community and it was one of the “choudda Mouja” i.e. 14 (fourteen) villages of then East Pakistan which were dominated by “Jalia Kaibarta” community. Lt. Sitanath Das was the grand-father of the petitioner and the petitioner claims that he was a fisherman by profession who also born and brought up at village Hiradabad under Brahmanbaria district of the Republic of Bangladesh and that after partition of the country, Lt. Sitanath Das migrated to Calcutta, presently, Kolkata and then to Tripura and ultimately settled in Tripura.

3. It is the claim of the petitioner that his father immediately after partition went to Kolkata and was worker in Royal Press but in the first part of 1960 he shifted to Agartala and procured a job at the then Kohinoor Press, Motor Stand, Agartala.

4. It is the case of the petitioner that his father, Lt. Paresh Ch. Das entered in the postal service in the year 1959 and retired from service in the year 1988. The learned single judge while elucidating the facts of the case has observed that indisputably in the service book of the petitioner’s father, duly signed by him, and verified by the superior officers, caste of his father is recorded as „Hindu’ (Kayastha). His father retired from service in the year 1988. From the pleadings of the petitioner, it is clear that during the long service career of the petitioner’s father he has never claimed his caste status as SC “Jalia Kaibarta” community of Tripura, nor he produced any SC certificate before the authority while he was in service.

5. As per pleadings in the writ petition, the Sub-Divisional Officer (SDO) Sadar, Agartala after due and proper inquiry had issued SC certificate in favour of the petitioner vide No. 790.F/XII-2/SDO.SDR/TW/84-85 dated 21.06.1980 mentioning, the petitioner as a member of the “Jalia Kaibarta” community. It is further observed that the SDO, Sadar, West Tripura had issued SC status certificate declaring the father of the petitioner as a member of the “Jalia Kaibarta” community vide No.17213/XII.2/SDO/SDR/TW/81 dated 16.07.1981 (Annexure-P2 to the writ petition). The learned single judgment has observed that even before the petitioner’s father obtained the SC certificate dated 16.07.1981 the SDM, Sadar issued the SC certificate in favour of the petitioner vide certificate dated 21.06.1980, as stated above, (Annexure-P4 to the writ petition). The learned single judge has observed that Annexure P4 to the writ petition which is said to a copy of the SC certificate dated 21.06.1980 issued in favour of the petitioner bears the date 21.06.1984. The typed copy of the Annexure-P4 bears the dated 21.06.1980 at the top and also again it is dated 21.06.1989 at the bottom.

6. It is further alleged that on the prayer of the petitioner for issue of sc certificate to enable him to consider for employment against the reserved vac