Jareena Bano vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 7562 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 5401 of 2022
 

 
Petitioner :- Jareena Bano
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revn. Dept. Govt. U.P. Civil Secret. Lucknow And 2 Others
 
Counsel for Petitioner :- Sharad Pathak,Piyush Pathak
 
Counsel for Respondent :- C.S.C.,Amar Nath Dubey
 
And
 
Case :- WRIT - C No. - 9134 of 2022
 

 
Petitioner :- Arifa Bano
 
Respondent :- Distt. Level Caste Scrutiny Committee, Thru. Chairman/D.M. , Pratapgarh And Another
 
Counsel for Petitioner :- Amar Nath Dubey,Anil Kumar Yadav
 

 
Hon'ble Rajan Roy,J.

Hon'ble Manish Kumar,J.

Having heard the matter at length.

The only issue herein is as to whether enquiry by Vigilance Cell as envisaged by Hon'ble Supreme Court in the case of Kumari Madhuri Patil vs Addl. Commissioner reported in 1994 6 SCC 241 was necessary and mandatory or the District Level Caste Scrutiny Committee could ignore it and proceed to decide the caste status of the petitioner and reject his application for referring the matter to vigilance cell, or not.

We have perused the judgment of the Hon'ble Supreme Court in the case of Kumari Madhuri Patil (supra). We have no doubt that as per the said judgment enquiry by the vigilance cell is necessary.

The District Level Committee headed by the District Magistrate has incorrectly rejected the application of the petitioner for such enquiry.

We are informed that the matter is still pending before the District Level Committee.

In view of the above, the impugned order dated 04.08.2022 is hereby set aside.

We direct the District Level Committee to decide the issue pending before it keeping in mind the decision of Hon'ble Supreme Court in the case of Kumari Madhuri Patil (supra) and relevant government orders on the subject.

Let this decision be taken as per the law within a period of three months from the date of production of certified copy of this order.

Shri Rajesh Tiwari, learned Additional Chief Standing Counsel shall communicate this decision to the District Magistrate concerned, who is said to be the head of such Committee or whosoever is the head, for compliance.

Writ petition is allowed.

Connected writ petition no. 9134 of 2022 is also disposed of in terms of the aforesaid order.

Order Date :- 15.3.2023

Ashish