HIGH COURT OF JUDICATURE AT ALLAHABAD AFR Court No. - 21 Case :- WRIT - C No. - 38105 of 2011 Petitioner :- Jawahar Lal Respondent :- State Of U.P. And Others Petitioner Counsel :- Ashutosh Tripathi Respondent Counsel :- C.S.C. Hon'ble Sudhir Agarwal,J.
1. Learned counsel for the petitioner contended that dispute relating to caste certificate in the present matter would not have been referred to appellate Forum constituted by State Government vide Government Order dated 27th January, 2011, inasmuch as, the said forum was constituted only for deciding dispute in respect to service matter and not for other matters. He further contended that said Government Order prescribes limitation of 30 days for deciding an appeal by the Forum and in the present case appeal has not been decided within thirty days. Therefore, the appellate Forum cease to have any jurisdiction in the matter.
2. In my view, both the submissions have no force. It is true that this Court when confronted with a large number of cases involving serious factual dispute regarding issuance of caste certificate, made an observation that against the orders passed by the competent authority for issuing caste certificate, an appellate Forum ought to have been constituted so that such factual dispute may not come to this Court consuming valuable time of this Court in such matters, which ought to have been decided by a Forum of much lower level so that precious time of this Court may be utilized in deciding constitutional matter and other substantial matters. Consequently, State Government has constituted such a Forum and Government Order dated 27th January, 2011 has been issued.
3. A bare reading of aforesaid Government Order clearly shows that it has been issued to consider the dispute relating to issuance of caste certificate by the District Magistrate, Deputy Collector, Tehsildar or any other competent authority. Submission that aforesaid Forum therefore was confined only for the caste certificate disputed in service matter is misconceived. Moreover, caste certificate issuing authority is not to consider as to for what purpose the same is issued and at that time only thing which is in the mind of the authority concerned is whether the person belong to that caste or not and what would be the purpose and objective and how it would be used by the person concerned is wholly irrelevant.
4. The second aspect, whether failure on the part of the appellate Forum in deciding the matter within thirty days would vitiate the appeal is also untenable, inasmuch as, once an appeal has been preferred before competent Forum, it has to be decided in one or the other way. It is true that the State Government has required the appellate forum to decide the appeal latest within 30 days from the date of filing of appeal but this time period cannot be held to be mandatory, inasmuch as, its consequence would have to be considered. In case, the appeal is not decided within 30 days, neither it results in automatic dismissal of appeal nor in allowing it. Some decision has to be taken by the Forum in one or the other way. Long time in disposal by appellate Forum cannot be appreciated and appellate authority must keep in mind that caste certificate has to be utilized by a person concerned for some important aspect which needs an early decision in the matter. Therefore, any deliberate or lackadaisical attitude on the part of appellate Forum in deciding appeal expeditiously has to be condemned. But considering the objective, purpose and consequence with respect to failure on the part of the appellate Forum in not deciding the appeal, I have no hesitation in holding that the aforesaid direction contain in para 5 of Government Order will not vitiate/result/make the appeal ineffective.
5. In the present case, appeal appears to have been filed before Commissioner on 15th June, 2011 whereupon it was heard for admission and after admitting the same, Commissioner fixed 6th July, 2011.
6. Learned counsel for the petitioner informed that on 6th July, 2011 due to non sitting, the appeal was adjourned. Considering the nature of the matter involved, it goes without saying that the appellate forum has to decide the matter expeditiously and should not delay the matter.
7. The writ petition is, therefore, disposed of directing appellate Forum to decide the appeal of the petitioner being appeal no.01 of 2011 (Manisha Vs. State of U.P. & Ors.) within 15 days from the date of production of a certified copy of this order in accordance with law after hearing the concerned parties.
Order Date :- 13.7.2011 KA