ORAL JUDGMENT

Date : 02-03-2023

1. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2. The present writ petition has been filed for directing the respondents to place on record, the order passed by the Circle Officer, Nokha, Rohtas at Sasaram, whereby and whereunder he has cancelled the caste certificate, issued in favour of the petitioner on 14.09.2021 and quash the same, after the same is placed on record.

3. Before coming to the merits of the case, it may be pointed out that this Court, on an earlier occasion, had taken note of the illegal letter dated 31.12.2021, issued by the Additional Secretary to the Government, General Administration Department, Bihar, Patna, whereby guidelines have been issued to the effect that in case, by mistake or in a flawed manner, caste certificates are issued, the same should be cancelled with effect from the date of their issuance by means of a reasoned order, which admittedly is in teeth of the judgment rendered by the Hon’ble Apex Court in the case of Kumari Madhuri Patil and Another vs. Additional Commissioner, Tribal Development and others, reported in (1994) 6 SCC 241, whereby and whereunder all the State Governments have been directed to constitute a Caste Scrutiny Committee, which is the only body empowered to adjudicate upon the disputes arising out of issuance of caste certificate. Thus, this Court was/ is of the view that the respondent- authorities are not empowered or authorized to cancel caste certificate, issued by them, without resorting to the remedy available under the law i.e. by way of approaching the Bihar State Caste Scrutiny Committee.

4. In view of the aforesaid judgment rendered by the Hon’ble Apex Court in the case of Kumari Madhuri Patil (supra), the learned counsel for the respondent- State submits that the respondents have realized their mistake, hence, the aforesaid letter dated 31.12.2021 has been withdrawn by an order issued by the General Administration Department dated 28.02.2023, which has been produced before this Court and is kept on record.

5. Now coming to the merits of the present case, it has been submitted by the learned counsel for the petitioner that the respondent no. 6 i.e. the Circle officer, Nokha, Rohtas at Sasaram has cancelled the caste certificate of the petitioner, issued in his favour on 14.09.2021. The petitioner has also prayed for quashing of the letter dated 04.01.2022, issued by the Circle Officer, Nokha (Rohtas), wherein it has been stated that the caste certificate of the petitioner has already been cancelled w.e.f. 14.09.2021. The learned counsel for the petitioner has not only referred to the aforesaid judgment rendered by the Hon’ble Apex Court in the case of Kumari Madhuri Patil (supra) but also has referred to a judgment rendered by the learned Division Bench of this Court dated 21.06.2022, passed in C.W.J.C. no. 19084 of 2021 (Baidhnath Singh v. The State of Bihar and others), relevant paragraphs thereof being paragraphs no. 9 to

13, are reproduced hereinbelow :-

“ 9. It would be pertinent to note here that subsequently some modification was made in the constitution of the committee referred to above vide judgment reported in (1997) 5 SCC 437 (Kumari Madhuri Patil and Another vs. Additional Commissioner, Tribal Development and Others)

10. In Farzana Sabaff vs. the State of Bihar & Ors. since reported in 2014 (3) BBCJ 631, a dispute relating to disqualification on the ground of invalid caste certificate came before this Court. It would be manifest from the perusal of the Para-11 of the judgment of the said case that in the counter affidavit the State had admitted that a committee was duly constituted pursuant to the direction no.4 given by the Hon’ble Supreme Court in Kumari Madhuri Patil (supra). Para 11 of the judgment in Farzana Sabaff (supra) is extracted hereunder for ready reference:

“11. Counter affidavits have been filed on behalf of the respondent nos. 2 and 3 and also the respondent no.