Smt. Nusrat Kunwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 859 MP

The High Court Of Madhya Pradesh WP No. 842 of 2022 (SMT. NUSRAT KUNWAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 18-01-2022 Heard through Video Conferencing.

Shri Imtiaz Hussain, learned counsel for the petitioner. Shri Swapnil Sohgaura, learned Panel Lawyer for the State. Petitioner has filed this writ petition challenging order dated 22.04.2019 passed in appeal by Commissioner, Bhopal Division, Bhopal (MP).

It is submitted that Sub-divisional Officer, Revenue

Badi/Bareli/Udaipura has passed an order on 01.06.2017. By said order, it was informed to petitioner that her caste certificate has been sent before High Level Scrutiny Committee as same was found to be suspicious. It was further ordered that caste certificate issued to petitioner vide order dated 25.11.2016 shall stand cancelled and caste certificate may be restored subject to final outcome of decision of High Level Scrutiny Committee. Learned counsel for petitioner further submitted that since matter is under consideration before High Level Scrutiny Committee and High Level Scrutiny Committee has authority to cancel the caste certificate issued to petitioner, therefore, SDO

cannot cancel the caste certificate.

Learned Panel Lawyer appearing for State submitted that caste certificate of petitioner has been sent to High Level Scrutiny Committee and decision of said committee will govern the order which has been passed by SDO. It is submitted that no interference of this Court is called for in the matter and writ petition may be dismissed.

Heard the counsel for the parties.

As per the judgment of Apex Court in case of Kumari Madhuri Patil and Another Vs. Additional Commissioner Tribal Development and Others {(1994) 6 SCC 241} a guideline has been issued and as per said guideline, High Level Scrutiny Committee is to consider suspicious caste certificate when refer to it and has to take a decision regarding such caste

certificate.

Since, decision for cancellation of caste certificate or consequential action is to be taken by High Level Scrutiny Committee, therefore, SDO has committed an error in cancelling the permanent caste certificate issued in favour of petitioner on 25.11.2016.

In view of same, it is ordered that caste certificate of petitioner dated

25.11.2016 shall remain suspended and same shall be subject to final decision by High Level Scrutiny Committee on the issue.

With aforesaid direction, order passed by Commissioner dated 22.04.2019 and Collector dated 28.01.2019 are quashed and writ petition is disposed off.

(VISHAL DHAGAT) JUDGE

shabana Digitally signed by SUNIL KUMAR PATEL Date: 2022.01.19 11:01:02 +05'30'