Brajpal Singh vs State Of U.P. And 5 Others
2023 Latest Caselaw 25129 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:179424-DB
 
Court No. - 40
 
Case :- WRIT - C No. - 27181 of 2023
 
Petitioner :- Brajpal Singh
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- R.B.Pal,Umesh Kumar Pal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Prashant Kumar,J.

1. Heard Sri R.B. Pal, learned counsel for the petitioner and Sri Fuzail Ahmad Ansari, learned Standing Counsel for the State respondents.

2. Present writ petition has been preferred seeking following reliefs:-

"(a) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 12.07.2023 passed by District Level Caste Scrutiny Committee, Bijnor.

(b) Issue a writ order or direction in the nature of mandamus commanding the respondent authorities not to interfere in peaceful working of the petitioner as Safaikarmi and not to deprive the petitioner from his constitutional or statutory rights/benefits of the schedule caste."

3. Learned counsel for the petitioner vehemently submits that the order impugned is exparte and before passing the order no opportunity was extended to the petitioner. In support of his submissions, he has placed reliance on the judgment of this Court in Writ-C No.12088 of 2023 (Sanjay Singh Vs. State of U.P. and 4 others) wherein the Division Bench while considering the violation of natural justice had partly allowed the said writ petition and relegated the matter to the Prescribed Authority/District Level Caste Scrutiny Committee to consider the matter as fresh. It is contended that the petitioner being on similar footing is also entitled for similar indulgence.

4. Per contra, Sri F.A. Ansari, learned Standing Counsel has vehemently opposed the writ petition on three grounds. He firstly submits that so far as the allegation to the effect that no opportunity was accorded to the petitioner, while passing the order impugned, is contrary to record. Not only the opportunity was afforded to the petitioner in the said proceeding but notice was also served upon him at his residence through Tehsildar Nagina, District Bijnor but inspite of the said notice, reason best known to the petitioner, he has not participated in the said proceeding. Therefore, at this stage, it cannot be pressed that it was an exparte order. Secondly, he submits that even though the caste certificate of the petitioner was cancelled way back on 6.9.2005 but instead of challenging the same, he had taken benefit of the earlier certificate while getting the employment on 10.11.2018. Lastly he submits that against the order impugned the petitioner has got efficacious remedy to assail the validity of same before the Regional Level Caste Scrutiny Committee. Even thereafter, in case he is aggrieved by the order of Regional Level Caste Scrutiny Committee, he would have another chance to assail the same before the State Level Caste Scrutiny Committee. As such it is submitted that the writ petition is liable to be dismissed.

5. We have proceeded to examine the record in question and find substance in the objection raised by learned Standing Counsel. Without expressing any opinion on merits of the issue and in the interest of justice, it is provided that in case the petitioner approaches to the Regional Level Caste Scrutiny Committee along with stay application within two weeks from today, definitely the grievance of the petitioner would be considered on merit and proceeding would be finalised in further two months.

6. The Writ Petition stands disposed of accordingly.

Order Date :- 18.9.2023

S.P.