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ARINDAM LODH
Pratima Sarkar – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
1. Common question of law and facts is involved in all these writ petitions, filed under Article 226 of the Constitution of India and on the prayer of learned counsel of both sides, all the writ petitions were taken up together and were heard analogously and this common judgment shall govern all the cases. Since all the petitioners are full-blooded brothers and sister and the impugned orders in these writ petitions are related to cancellation of their caste status certificates followed by termination of their services, for the sake of convenience and for ends of justice, WP(C) No.461 of 2021 is taken up as lead case.
2. Heard Mr. Somik Deb, learned senior counsel, assisted by Mr. K. Debnath and Mr. Abir Baran, learned counsels appearing for the petitioners and Mr. Mangal Debbarma, learned Addl. G.A. appearing for the respondents.
3. By way of filing these writ petitions under Article 226 of the Constitution of India, the petitioners have sought for the following relief(s) [WP(C) No.461 of 2021]:
(i) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a writ of Certeori and/or in the nature thereof, shall not be issued, quashing/setting aside
The school records hold primacy in determining caste status, rejecting reliance on ROR as improper, underscoring the need for thorough evaluation of evidence regarding caste claims.
The burden of proof regarding caste status lies with the certificate holder, and the court may not re-evaluate factual determinations made by administrative bodies.
Proper procedure and adherence to guidelines are essential for verifying caste status, and failure to comply can invalidate decisions related to caste certificates.
Compliance with mandatory requirements for altering entries in the General School Register, as per S.S. Code 26.3 and 26.4, is crucial for validating caste claims.
Caste claim – Forged and fabricated - - Forefather of the respondent no.3 were “Sikh Chamar”, the respondent no.2 accepted the caste claim of the respondent no.3 as “Mochi” which is a separate caste ....
In inter-caste marriages, offspring’s caste is determined by factual upbringing in the mother’s Scheduled Tribe community, not presumed from the father, and must not be denied due to procedural unfai....
The central legal point established in the judgment is that a person with a case based on falsehood has no right to approach the Court, and knowingly producing fabricated and fraudulent documents to ....
The judgment emphasizes the need for thorough inquiry and investigation before cancelling caste certificates and clarifies the scope of jurisdiction under Article 226 of the Constitution of India for....
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