Anukul Dinda vs The State Of West Bengal & Ors
2023 Latest Caselaw 4722 Cal

    5
03.08.2023
   D.Hira
Court No. 12
                          In The High Court At Calcutta
                           Civil Appellate Jurisdiction
                                  Appellate Side


                            MAT 261 of 2020
                                  With
                CAN 1 of 2020 (Old No. CAN 1549 of 2020)

                               Anukul Dinda
                                   Versus
                      The State of West Bengal & Ors.

                      Mr. Gouranga Kumar Das,
                      Ms. Swati Mandal.
                                 ... for the appellant



                      The respondent nos. 8 & 9/writ petitioners

filed the writ petition being W.P. no. 24655 (W) of

2018 challenging the order of Sub-Divisional

Officer, Kakdwip dated 26th November, 2018

cancelling the schedule tribes certificate issued.

According to the respondent nos. 8 & 9 as

per the judgment of Hon'ble Apex Court in Kumari

Madhuri Patil's case, the issue with regard to

scheduled castes and scheduled tribes community

has to be considered only by the State Level

Scrutiny Committee, which is competent to decide

the genuineness of scheduled castes and

scheduled tribes certificate already issued and is

also competent to confirm, modify or cancel the

said certificate.

The appellant herein as private respondent

in the writ petition supported the order of Sub-

Divisional Officer before the learned Single Judge

and contended that only after thorough enquiry

and based on the report of the Director of Cultural

Research Institute, Backward Class Welfare

Department, Government of West Bengal, the Sub-

Divisional Officer cancelled the certificate.

Mr. Das, learned counsel appearing for the

appellant further submitted that the respondent

nos. 8 & 9 themselves have sought for issuance of

scheduled castes community certificate and,

therefore, order of the Sub-Divisional Officer

cancelling scheduled tribes certificate is valid and

prayed for dismissal of the writ petition.

The learned counsel appearing for the State

submitted that the Sub-Divisional Officer ought to

have been made reference to the State Level

Scrutiny Committee under Section 8A of the West

Bengal Schedule Castes and Schedule Tribes

(Identification) Act, 1994 and cancellation of the

certificate directly by the Sub-Divisional Officer is

illegal.

Learned Judge considering the judgment of

Hon'ble Apex Court in Kumari Madhuri Patil's case

and elaborately considering the provisions and

rules which contemplates the comprehensive

proceedings to be followed by the State Level

Scrutiny Committee set aside the order of the Sub-

Divisional Officer.

Learned Judge has made clear that the

order of the learned Judge in the writ petition will

not deter the Sub-Divisional Officer from rehearing

the complaint made by the appellant upon

reference to the State Level Scrutiny Committee in

accordance with law.

Learned Judge also issued direction to the

State Level Scrutiny Committee that if such

reference is made by the Sub-Divisional Officer, to

look into the matter in accordance with law and

with regard to the social status of the respondent

nos. 8 & 9 and take necessary steps.

Against the said order the private

respondents in the writ petition has come out with

the present appeal.

Mr. Das, learned counsel appearing for the

appellant reiterated the averments made in the

grounds of appeal and also extensively referred to

the documents filed along with the stay petition

and submitted that the Sub-Divisional Officer

cancelled the certificate of the respondent nos. 8 &

9 only after due enquiry.

Mr. Das, learned counsel for the appellant

made elaborate submissions that respondent nos.

8 & 9 belong to scheduled castes community and

prayed for setting aside the order of the learned

Judge and allowing the appeal.

There is no representation for the private

respondent as well as State.

Heard Mr. Gouranga Kumar Das, learned

counsel appearing for the appellant and perused

the materials on record.

From the materials on record it is seen that

scheduled castes community certificate was issued

to the respondent nos. 8 & 9 was cancelled by the

Sub-Divisional Officer.

It is now well settled that the State Level

Scrutiny Committee is the authority to cancel the

community certificate. Elaborate procedure has

been contemplated while deciding the genuineness

of community certificate issued. The committee

has power to cancel the certificate after following

the procedure.

In the present case, based on the complaint

given by the appellant, the Sub-Divisional Officer

relying on the report of Director of Cultural

Research Institute, Backward Class Welfare

Department, Government of West Bengal,

cancelled the community certificate issued to the

respondent nos. 8 & 9. The Sub-Divisional Officer

has no power to cancel the community certificate

issued.

In view of the settled judicial

pronouncements the learned Judge has rightly set

aside the order of Sub-Divisional Officer and given

liberty to the Sub-Divisional Officer to rehear the

complaint made by the appellant and made a

reference to the State Level Scrutiny Committee in

accordance with law.

Learned Judge also has issued a direction to

the State Level Scrutiny Committee to look into the

matter in accordance with law and with regard to

the social status of the respondent nos. 8 & 9.

In view of such findings, there is no error in

the order of the learned Judge warranting

interference by this Court.

The appeal fails and dismissed.

All pending applications, if any, are

consequently dismissed.

Urgent Photostat certified copy of this order,

if applied for, be given to the parties on usual

undertaking.

(V.M. Velumani, J.)

(Rai Chattopadhyay, J.)