Smt. Shabista Sultan vs The State Of Madhya Pradesh
2021 Latest Caselaw 8454 MP

                                                         1                                WP-7050-2021
                              The High Court Of Madhya Pradesh
                                        WP No. 7050 of 2021
                               (SMT. SHABISTA SULTAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                      Jabalpur, Dated : 08-12-2021
                            Shri Manoj Kumar Sharma, learned counsel for the petitioner.

                            Shri V.S. Choudhary, learned Panel Lawyer for the respondents/State.

Petitioner has filed this writ petition making a prayer to quash and set aside the impugned order dated 10.02.2021, contained in Annexure P/1, passed by respondent No.6 and command respondent No. 6 to issue fresh

and digitalized caste certificate within a period of 10 days in light of order of High Level Caste Scrutiny Committee and the State Government.

Counsel appearing for the petitioner submitted that petitioner had filed an application for issuance of digitalized caste certificate in office of S.D.O., Bairasia, District Bhopal in light of order passed by High Level Caste Scrutiny Committee dated 07.07.2017. By said order, High Level Caste Scrutiny Committee held that caste certificate of OBC issued to petitioner on basis of her belonging to 'momin julaha' caste dated 21.07.1997 bearing Certificate No. 2111/B-121/97 was found to be valid. It is submitted that as

per judgment of Apex Court reported in AIR 1995 SC 94, Kumari Madhuri Patil and another vs Additional Commissioner, Tribal Development and others, High Power Caste Scrutiny Committee which empowered to evaluate the evidence placed before it when records a finding of fact, it ought to prevail unless found vitiated by judicial review of any High Court subject to limitations of interference with findings of fact. The Committee when considers all the material facts and record a finding, though another view, as a Court of appeal may be possible, it is not a ground to reverse the findings. The Court has to see whether the Committee considered all the relevant material placed before it or has not applied its mind to relevant facts which have led the Committee to record the findings. On basis of same, it is submitted that since High Level Caste Scrutiny Committee has found Signature SAN Verified Not caste certificate of petitioner dated 21.07.1997 to be genuine, therefore, Digitally signed by VINOD KUMAR TIWARI Date: 2021.12.10 12:20:32 IST 2 WP-7050-2021 S.D.O. has to act upon the finding given by High Level Caste Scrutiny Committee unless said finding is set aside in judicial review by High Court. It is further submitted that finding given by High Level Caste Scrutiny Committee was not subject to challenge before High Court and same has become final.

Panel Lawyer appearing for the respondents/State argued that S.D.O. had considered the facts of the case and found that petitioner does not belongs to 'momin julaha' caste and in fact, belongs to 'pathan' caste. Caste certificate issued to sister of petitioner is illegal, for which separate proceedings is being undertaken for cancellation of caste certificate. In view of same, S.D.O. has rightly passed the impugned order.

Heard the counsel for the parties.

Finding of High Level Caste Scrutiny Committee that petitioner belongs to 'momin julaha' caste, which comes under OBC caste, has become final and same was not subject to any challenge. S.D.O. cannot sit over the finding given by the High Level Caste Scrutiny Committee.

In view of same, impugned order dated 11.02.2021 passed by respondent No.6 is set aside. S.D.O., Bairasia, District Bhopal is directed to issue digitalized caste certificate to petitioner as per order of High Level Caste Scrutiny Committee dated 07.07.2017, within a period of 30 days from the date of receipt of certified copy of this order.

With aforesaid direction, writ petition filed by the petitioner is disposed off.

C.C. as per rules.

                                                                               (VISHAL DHAGAT)
                                                                                    JUDGE

                      vkt




Signature
 SAN      Not
Verified

Digitally signed by
VINOD KUMAR
TIWARI
Date: 2021.12.10
12:20:32 IST