Rameshwr Pushptode vs The State Of Madhya Pradesh
2021 Latest Caselaw 231 MP

 HIGH COURT OF MADHYA PRADESH : JABALPUR

                             WA-130-2021
  (Rameshwar Pushptode vs. The State of Madhya Pradesh & Ors.)

Jabalpur, dated :25-02-2021

      Per : Vijay Kumar Shukla, J.-

      Shri Pradeep Naveriya, learned counsel for the appellant.

      Shri B.D. Singh, learned Govt. Advocate for the respondents/State.

The present intra-court appeal has been filed under Section 2(1) of

the Madhya Pradesh Uchcha Nayalayaya (Khand Nyaypeeth ko Appeal)

Adhiniyam, 2005, being aggrieved by the order dated 20-01-2021 passed

by the learned Single Judge in WP-243-2021, whereby the writ petition

has been dismissed.

2. The appellant-writ petitioner preferred a writ petition being

aggrieved by the order dated 14-12-2020 by which the High Power

Committee, duly constituted by the respondents has held that the

appellant belongs to "Kohri" community and not "Kori" community and,

therefore, the caste certificate which was issued to the appellant showing

him as scheduled caste being a "Kori", has been cancelled.

3. In the first round of litigation the appellant filed a writ petition

forming the subject-matter of WP-12748-2015 before this Court, being

aggrieved by the order dated 31-7-2015, which was decided by the Sub-

Divisional Officer, dated 5-8-2015, in the light of the judgment rendered

by the Apex Court in the case of Ku. Madhuri Patil vs. The Additional

Commissioner, Tribal Development and others, AIR 1995 SC 94.

Further, the matter pertaining to caste status of the appellant was referred

to the High Power Scrutiny Committee, duly constituted by the State

Government in pursuance to the judgment pronounced by the Apex Court

in Ku. Madhuri Patil (supra). It was further directed that the High

Power Committee shall determine the caste certificate of the appellant

within a period of six months from the date or receipt of the certified

copy of the order.

4. Learned counsel for the appellant submitted that the High

Power Committee as well as the learned Single Judge has failed to

consider, that the caste certificate was issued to the appellant on 29-8-

1999 showing him as Scheduled Caste and in his school certificates his

caste was mentioned as "Kori" and not "Kohri". The High Power

Committee after an elaborate enquiry and affording adequate opportunity

of being heard to the appellant found that in the revenue records the caste

of the appellant is recorded as "Kohri".

The appellant got a certificate of Other Backward Class (OBC)

issued on 11-12-2014, vide Case No.1011-B-121/Jati Pramanpatra,

wherein two children of the appellant have been shown as caste of

"Kohri" belonging to OBC. In the School Admission register also, their

caste is mentioned as "Kohri".

5. During course of enquiry, the Sarpanch - Smt. Manda wife of Shri

Phoolchand has also stated that in the Village - Aajanbihri, Tehsil,

Katangi District Balaghat, there are about 150 houses of "Kohri"

community which belongs to Other Backward Class (OBC). In Sizra

(revenue record) prepared by the Tehsildar, Tirodi, vide his letter

No.1192/Tehsil/2015, dated 10-4-2015, the caste of the appellant is

mentioned as "Kohri". Besides that, the Panchnama which has been

prepared by the Tehsildar - Tirodi, dated 03-4-2015, in the land record,

the appellant has been shown to be the caste of "Kohri" which falls

within the category of OBC. The Committee, noting down the relevant

facts in its Minutes of Meeting dated 9-10-2020 recorded the findings

which are extracted hereunder :

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3-2 vukosnd Jh jkes'oj iq"irksM+s dk iq= mTtoy iq"irksM+s dk izdj.k Øekad [email protected]&[email protected] izek.k&i= fnukad [email protected]@2014 dks fiNM+k oxZ dk tkfr izek.k cuk;k x;k gS ,oa Jh jkes'oj iq"irksM+s ds 02 cPpksa dk tkfr izek.k&i= fiNM+k oxZ ds gS ,oa Ldwy nkf[kyk [kkfjth jftLVj esa tkfr dksgjh vafdr gSA

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3-4 dk;kZy; rglhynkj frjksMh }kjk i= Øekad [email protected]@2015 fnukad [email protected]@2015 ds ek/;e ls fltjk rS;kj fd;k x;k gS ftlesa Jh jkes'oj firk rkukth dh tkfr dksgjh gksuk ys[k fd;k x;k gSA

3-5 rglhynkj frjksMh fnukad [email protected]@2015 dks iapukek] Hkwfe fjdkMZ ds vuqlkj rS;kj fd;k x;k gS ftlesa Jh jkes'oj

iq"irksM+s dh tkfr dksgjh gksuk n'kkZ;k x;k gS tks vU; fiNM+k oxZ varxZr vkrh gSA**

6. From the aforesaid findings recorded in the minutes of the

meeting of the High Power Committee, it is luminescent that the

appellant belongs to "Kohri" caste which falls in the category of Other

Backward Class (OBC). The appellant could not adduce any evidence in

rebuttal to show that he belongs to "Kori" caste. The learned Single

Judge has rightly declined to interfere with the findings of the High

Power Committee, which relates to factual aspect.

7. It is settled law that judicial scrutiny under Article 226 of the

Constitution of India, is only confined to the decision-making process

and not to the decision itself. The High Power Committee of the

respondents has ascribed the findings after consideration of the facts and

records, affording adequate opportunity of hearing to the appellant. It

examined the case of the appellant meticulously after perusing all

relevant documents, which were supplied by the appellant in order to

show that he was a member of the Scheduled Caste. However, despite

the same for the reasons recorded in the paragraphs quoted hereinabove,

the High Power Committee cancelled the caste certificate of the appellant

showing him to be a member of the Scheduled Caste and found the

appellant to be a member of Other Backward Class (OBC).

8. We do not find any infirmity in the order passed by the

learned Single warranting any interference in the present intra-court

appeal. Accordingly, the writ appeal stands dismissed. No order as to

costs.

                     (Mohammad Rafiq)                     (Vijay Kumar Shukla)
                        Chief Justice                             Judge


ac.

      Digitally signed by AJAY KUMAR CHATURVEDI
      Date: 2021.02.27 17:53:48 +05'30'