Ganeshi Lal And Another vs State Of U.P. And 2 Others
2023 Latest Caselaw 11196 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 7881 of 2023
 

 
Petitioner :- Ganeshi Lal And Another
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sanjeev Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Manjive Shukla,J.

Heard learned counsel for the petitioners and Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State-responden.

Petitioners are before this Court assailing the orders impugned dated 19.12.2022 and 07.12.2022 passed by the third respondent refusing to issue Caste Certificate "Baheliya" on Central Government Proforma. With a further prayer commanding the respondents to ensure grant of Caste Certificate of "Baheliya" (S.C.Category) to the petitioners within stipulated period.

In support of his submissions, Sri S.K.Pandey, learned counsel for the petitioners has placed reliance upon the judgment dated 5.12.2022 passed by the coordinate Bench of this Court in bunch of the matters leading Writ-C No. 23865 of 2022 (Raj Mangal Gond Vs. State of U.P. and Others) and as such it is sought to be contended that the present matter is squarely covered by the aforesaid judgment and the similar treatment may also be extended to the petitioners. For ready reference, operative portion of the judgment dated 5.12.2022 is reproduced herein below.

"Having heard the learned counsel for the petitioner, Sri H.R. Misra, learned Senior Advocate assisted by Sri K.M. Misra and Sri Swatantra Pratap Singh, learned counsel for the petitioners and the learned Standing Counsel, the Court is definitely of the view that when the Tehsildar had already earlier issued a certificate and was only issuing a fresh certificate "On-line" then he could not enter into the merits of the matter. The jurisdiction to verify the Caste Certificate and as to whether it should be validated or in-validated lay with the Caste Scrutiny Committee under the Government Order dated 28.02.2011. The authority i.e. the Tehsildar, which had earlier issued the Caste Certificate had no jurisdiction to cancel the same except when the Caste Certificate had been obtained by playing fraud or by concealing any relevant fact. In the instant case when the Tehsildar had cancelled the Caste Certificate issued by him on 27.11.2014, there was no finding in the impugned order that the earlier certificate was obtained by the petitioner by playing fraud on any authority. As a result, the impugned order dated 26.02.2021, so far as its relates to the petitioner is quashed and is set aside.

With these observations the writ petition stands allowed.

The Tehsildar shall issue the "Online" Certificate forthwith. If, however, the Tehsildar doubts the caste or the tribe of the petitioner he may refer the matter to the District Level Caste Scrutiny Committee, Maharajganj. "

So far as the factual and legal aspect of the matter, the same is not disputed by learned Additional Chief Standing Counsel.

In this backdrop, we have proceeded to examine the record in question and the judgment so cited by learned counsel for the petitioner. The idential issue has been considered by the Division Bench while passing the order dated 5.12.2022 and there is no reason or occasion to take a different view.

The writ petition is accordingly allowed in terms of Raj Mangal Gond (supra). The orders dated 19.12.2022 and 07.12.2022 are hereby set aside. The respondent no. 3 is directed to issue the "Online" Certificate forthwith. If, however, the Tehsildar concerned doubts the caste of the petitioner, he may refer the matter to the District Level Caste Scrutiny Committee, Etah.

Order Date :- 17.4.2023

A.K.Srivastava