Delhi High Court
Veena Jatav vs State Of Nct Of Delhi And Ors. on 29 August, 2018
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9084/2018 & CM No. 34966/2018
VEENA JATAV ..... Petitioner
Through: Mr Apurb Lal, Advocate.
versus
STATE OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr Devesh Singh, ASC (Civil),
GNCTD with Ms Sukriti Ghai,
Advocate for R-1 to R-3.
Mr Devendra Kumar, Tehsildar
(Kotwali) with Mr Sanjay Bhardwaj,
Reater to SDM (Kotwali).
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 29.08.2018
VIBHU BAKHRU, J
1. The petitioner has filed the present petition, inter alia, praying that the
caste certified issued to respondent no.2 (Smt Guddi Devi) be quashed. The
petitioner also impugns the inquiry report (hereafter „the impugned report‟)
submitted by respondent no.4 (SDM Kotwali).
2. The petitioner states that respondent no.2 has illegally obtained a
Scheduled Caste certificate (SC certificate) certifying that she belongs to
"Jatava Caste". The said certificate was issued by the Executive Magistrate
(Kotwali) on the basis of a SC certificate issued to Sh Babu Lal, the brother
of respondent no.2.
3. Prior to filing the present petition, the petitioner had filed another writ
petition (W.P.(C) 9568/2017 captioned Veena Katav v. The State of NCT of
Delhi & Ors.) assailing the SC certificates issued in favour of respondent
no.2 and her brother. The said petition was filed with the object of
challenging the election of respondent no.2 as a member of North Municipal
Corporation of Delhi. The said petition was disposed of by an order dated
30.10.2017. Insofar as the challenge to the SC certificate issued to the
petitioner‟s brother was concerned, this Court had noticed that the said
certificate was issued by the authorities in Khurja, Uttar Pradesh and had
declined to entertain any challenge to the said certificate. However, it was
clarified that the petitioner would be at liberty to move the appropriate court
for such relief. Insofar as the challenge to the SC certificate issued to
respondent no.2 was concerned, this Court had directed the Chief Secretary,
Government of NCT of Delhi to examine whether the SC certificate was
issued in accordance with law. It was further directed that if the requisite
procedure was not followed, the Chief Secretary, GNCT Delhi would ensure
that the concerned authorities take the necessary action in accordance with
law. It is stated that in compliance with the aforesaid order, respondent no.3
(SDM, Karol Bagh) was assigned the task to conduct an inquiry and
examine the SC certificate issued to respondent no.2.
4. The copy of the inquiry report (impugned report) indicates that the SC
certificate bearing No. 9039030696 was issued to respondent no.2 by the
then Executive Magistrate, Kotwali on 12.03.2012. Subsequently, the
erstwhile Kotwali Sub Division, Sadar Bazar Sub Division and Darya Ganj
Sub Division were merged into a new Kotwali Sub Division of Central
District. The impugned report further indicates that no documents from the
erstwhile Kotwali Sub Division could be traced in relation to the said
certificate. The Tehsildar (Kotwali) was directed to obtain complete
documents. Subsequently, he had obtained the following documents from
respondent no.2:-
"i. Caste Certificate (SC) of her brother Sh. Babu Lal s/o
Sh Harcharan Singh issued by Tehsildar (Khurja) U.P.
vide dated 27.01.2012.
ii. Report of Gram Pradhan Village - Nagla Jagat, which
reveals that Guddi Devi d/o Sh. Harcharan Singh
belongs to Jatav caste.
iii. Report of Lekhpal & Tehsildar (Khurja) vide dated
31.01.2012 on the application of Sh. Babu Lal S/o Sh.
Harcharan which also reveals that Guddi Devi belongs
to SC caste.
iv. Ration Card of Sh. Ramesh Kumar issued on
01.12.2011 duly have the name of Smt. Guddi Devi as
wife which reveals that they have four childrens and
eldest son was born in 1995.
v. Voter I-Card of Smt. Guddi Devi issued on
06.08.2015.
vi. Secondary School Marksheet of Smt. Guddi Devi D/o
Sh. Harcharan Singh issued on 26.06.2008.
vii. Copy of SC certificate of Smt. Guddi Devi issued on
12.03.2012 from Executive Magistrate (Kotwali)."
5. It is apparent from the tenor of the SC certificate issued to respondent
no.2 that it was issued on the basis of the SC certificate issued to her brother
Sh Babu Lal. The Tehsildar (Kotwali) had also sent a letter to Tehsildar,
Khurja for verification of the genuineness of the SC certificate issued to Sh
Babu Lal and the impugned report indicates that the Tehsildar, Khurja had
confirmed that the SC certificate - on the basis of which the SC certificate
was issued to respondent no. 2 - had been issued to Sh Babu Lal. On
aforesaid basis, it was concluded that respondent no.2 fulfilled the requisite
criteria as she had produced a SC certificate from a relative on her paternal
side. The relevant extract of the impugned report is set out below:-
"6) It is clear from the Certificate that caste Certificate No.
9039030696 dated 12.03.2012 of Guddi Devi is issued on the
basis of the schedule caste certificate issued to Shri Babu Lal,
brother of Smt. Guddi Devi resindent of Hirapur Nagla Jagat,
Tehsil-Khurja, Distt-Bulandshahar (Uttar Pradesh) issued by
the Tehsildar Khurja, U.P. vide No. 11712400161 dated
27.01.2012. by the Tehsildar (Khurja)
7) Thereafter Tehsildar (Kotwali) vide letter
No.SDM/Kot./VJ/Eng/2018210 dated 15.02.2018 has sent a
letter to Tehsildar (Khurja) for verification of genuineness of
Caste Certificate of Sh. Babu Lal S/o Sh. Harcharan Singh
vide his letter 80(1) dated 13.3.2018 Tehsildar Khurja
confirmed that SC certificate No. 11712400161 dated
27.01.2012 has been issued to Sh. Babu Lal S/o Sh.
Harcharan Singh (Caste Jatav). (Annexure-IV)
8) Law/Provision/Documents required for SC Certificate
In NCT of Delhi
Sl. Category Applicants Proposal
No. Background Documents
1. Migrated and Cases of those SC/ST 1. Completed
settled in Delhi applicants- application form.
with Certificate i) Whose family 2. Copy of Caste
has migrated to Delhi Certificate of any
after 1951 and relative from paternal
domiciled here and side.
belong to A Caste 3. Proof of
which is notified as relationship of the
SC/ST in the State of applicant with caste
origin as well as in certificate holder.
Delhi. 4. One photo ID
AND proof and
Where a caste 5. One
certificate has already residential proof
been issued to any of 6. Any one of
his/her relatives from the following
paternal side; documents:-
i. Birth
Certificate for
applicants born in
Delhi.
ii. Matriculation
certificate/marks-sheet
for applicant who have
studied in Delhi.
iii. Proof of
residence for the last 5
years.
iv.
9) Guddi Devi d/o Sh. Harcharan Singh & w/o Sh. Ramesh
Kumar full fill all the criteria as follows:-
S.No. Proposed Documents Documents attached
01 Application Form --
02 Copy of Caste Certificate of any Certificate of her brother sh. Babu
relative from paternal side Lal s/o Sh. Harcharan Singh which
is duly verified by Tehsildar
(Khurja)
03 Proof of relationship of the i. Having the same father
applicant with caste certificate name in certificates
holder. ii. Report of Gram Pradhan
Nagal Jagat.
iii. Lekhpal & Tehsildar
(Khurja) Reports
04 One photo ID proof Voter I-Card
05 One residential proof Ration Card
06 Any other documents Matriculation Certificate of
applicant which shows the address
of Delhi.
6. This Court finds no infirmity with the impugned report.
7. The learned counsel appearing for the petitioner has earnestly
contended that the SC certificate issued to Sh Babu Lal, the brother of
respondent no.2 was not genuine, as persons belonging to Jatava Caste do
not reside at Khurja, Uttar Pradesh.
8. As noticed above, this Court - by an order dated 30.10.2017 passed in
W.P.(C) 9568/2017 - declined to entertain any challenge to the SC
certificate issued to Sh Babu Lal and, therefore, it would not be open for the
petitioner to re-agitate the said issue in the said petition.
9. Plainly, if the SC certificate issued to Sh Babu Lal is accepted as
genuine, there is no infirmity in the SC certificate issued to respondent no.2.
10. In the aforesaid view, the petition is dismissed. However, nothing
stated herein would preclude the petitioner from challenging the SC
certificate issued to Sh Babu Lal in an appropriate forum. Plainly, if the said
certificate is set aside, the SC certificate issued to respondent no.2 will also
be nullified.
11. The petition is dismissed with the aforesaid observations. The pending
application stands disposed of.
VIBHU BAKHRU, J
AUGUST 29, 2018
pkv
