The Tehsildar has no authority to cancel a caste certificate and should refer the matter to the State Level Caste Scrutinizing Committee.

Court No. - 3

Case :- WRIT - C No. - 30281 of 2022

Petitioner :- Smt Mobeen Jahan

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Brijesh Kumar Pandey

Counsel for Respondent :- CSC,Ashutosh

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Jayant Banerji,J.

Heard learned counsel for the petitioner and learned standing counsel.

On 09.11.2022, this Court had passed the following order:

"Argument of learned counsel for the petitioner is that as

per the judgment of Apex Court in the case of Kumari

Madhuri Patil and another Vs. Addl. Commissioner,

Tribunal Development and others, reported in (1994) 6

SCC, 241 the Tehsildar has no authority to cancel the caste

certificate.

If at all the Tehsildar desired cancellation of a caste

certificate he ought to have refered the matter to the State

Level Caste Scrutinizing Committee, which was not done in

the present case.

Learned Standing Counsel may seek instructions in the

matter.

List this case on 18.11.2022 as fresh.

Till then no coercive action shall be taken against the

petitioner."

Today, learned standing counsel states on instructions of the District

Magistrate, Rampur dated 17.11.2022 that the impugned order dated

07.09.2022 was wrongly passed by the Tehsildar cancelling the caste

certificate of the petitioner, whereas, a District Level Scrutiny

Committee for caste certificate has been constituted and report has

been sought from the S.D.M. (Sadar), Rampur. He submits that the

District Level Scrutiny Committee shall pass appropriate order in

accordance with law within a time bound period.

In view of the submission made by learned standing counsel, as

aforenoted, the impugned order dated 07.09.2022 cancelling the caste

certificate of the petitioner is hereby quashed and matter is remitted

back to the respondent no.2 to ensure that District Level Scrutiny

Committee shall consider the matter and pass an order in accordance

with law within a period of two months from today, after affording

reasonable opportunity of hearing to the petitioner.

It is made clear that we have not expressed any opinion on merits of

the case of the petitioner.

With the aforesaid direction, the present writ petition is disposed of.

This order shall be communicated by the learned standing counsel to

the respondent no.2 within three days for compliance.

Order Date :- 4.1.2023

Ankit.

Digitally signed by :-

ANKIT VISHWAKARMA

High Court of Judicature at Allahabad