Ramakant Baghel vs The State Of Madhya Pradesh
2023 Latest Caselaw 6535 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 24 th OF APRIL, 2023
                                             WRIT PETITION No. 3666 of 2008

                          BETWEEN:-
                          RAMAKANT BAGHEL S/O S/O RAVISHANKER BAGHEL,
                          AGED ABOUT 32 YEARS, DHEKI, P.O.TIGRA, DIST.SEONI
                          (MADHYA PRADESH)

                                                                                         .....PETITIONER
                          (BY SHRI PRAVEEN DUBEY - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH ADIM JATI
                                KALYAN VIBHAG, VALLABH BHAWAN, BHOPAL
                                (MADHYA PRADESH)

                          2.    THE    COLLECTOR DISTT.          SIDHI    (MADHYA
                                PRADESH)

                          3.    THE SUB DIVISIONAL OFFICERSUB DIVISION
                                SEONI DISTT. SEONI (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI SUBODH KATHAR - GOVERNMENT ADVOCATE)

                                This petition coming on for direction this day, th e court passed the
                          following:
                                                             ORDER

Petitioner has filed this petition under Article 226 of the Constitution of India challenging the order dated 28.02.2008, contained in Annexure P/1.

2 . Learned counsel for the petitioner submitted that High Power Committee did not exercise its power as per guidelines laid down by Supreme Court in the case of Ku Madhuri Patil v. Additional Commissioner, Tribal

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Development and others, AIR 1995 SC 94. Learned counsel for the petitioner relied on para 12 of aforesaid judgment. Relevant part of said para is quoted as under :-

"1. The application for grant of social status certificate shall be made to the Revenue Sub-Divisional Officer and Deputy Collector or Deputy Commissioner and the certificate shall be issued by such officer rather than at the Officer, Taluk or Mandal level.

2. The parent, guardian or the candidate, as the case may be, shall file an affidavit duly sworn and attested by a competent gazetted officer or non-gazetted officer with particulars of castes and sub-castes, tribe, tribal community, parts or groups of tribes or tribal communities, the place from which he originally hails from and other particulars as may be prescribed by the Directorate concerned.

3. Application for verification of the caste certificate by the Scrutiny Committee shall be filed at least six months in advance before seeking admission into educational institution or an appointment to a post.

4. All the State Governments shall constitute a Committee of three officers, namely, (1) an Additional or Joint Secretary or any officer higher in rank of the Director of the department concerned, (11) the Director, Social Welfare/Tribal Welfare/Backward Class Welfare, as the case may be, and (III) in the case of Scheduled Castes another officer who has intimate knowledge in the verification and issuance of the social status certificates. In the case of the Scheduled Tribes, the Research Officer who has intimate knowledge in identifying the tribes, tribal communities, parts of or groups of tribes or tribal communities.

5 . Each Directorate should constitute a vigilance cell consisting of Senior Deputy Superintendent of Police in over-all charge and such number of Police Inspectors to investigate into the social status claims. The Inspector would go to the local place of residence and original place from which the candidate hails and usually resides or in case of Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 4/25/2023 4:57:56 PM

migration to the town or city, the place from which he originally hailed from. The vigilance officer should personally verify and collect all the facts of the social status claimed by the candidate or the parent or guardian, as the case may be. He should also examine the school records, birth registration, if any. He should also examine the parent, guardian or the candidate in relation to their caste etc. or such other persons who have knowledge of the social status of the candidate and then submit a report to the Directorate together with all particulars as envisaged in the pro forma, in particular, of the Scheduled Tribes relating to their peculiar anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies, method of burial of dead bodies etc. by the castes or tribes or tribal communities concerned etc.

6. The Director concerned, on receipt of the report from the vigilance officer if he found the claim for social status to be "not genuine" or 'doubtful' or spurious or falsely or wrongly claimed, the Director concerned should issue show-cause notice supplying a copy of the report of the vigilance officer to the candidate by a registered post with acknowledgement due or through the head of the educational institution concerned in which the candidate is studying or employed. The notice should indicate that the representation or reply, if any, would be made within two weeks from the date of the receipt of the notice and in no case on request not more than 30 days from the date of the receipt of the notice. In case, the candidate seeks for an opportunity of hearing and claims an inquiry to be made in that behalf, the Director on receipt of such representation/reply shall convene the committee and the Joint/Additional Secretary as Chairperson who shall give reasonable opportunity to the candidate/parent/guardian to adduce all evidence in support of their claim. A public notice by beat of drum or any other convenient mode may be published in the village or locality and if any person or association opposes such a claim, an opportunity to adduce evidence may be given to him/it. After giving such opportunity either in person or through counsel, the Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 4/25/2023 4:57:56 PM

Committee may make such inquiry as it deems expedient and consider the claims vis-a-vis the objections raised by the candidate or opponent and pass an appropriate order with brief reasons in support thereof.

7. In case the report is in favour of the candidate and found to be genuine and true, no further action need be taken except where the report or the particulars given are procured or found to be false or fraudulently obtained and in the latter event the same procedure as is envisaged in para 6 be followed.

8 . Notice contemplated in para 6 should be issued to the parents/guardian also in case candidate is minor to appear before the Committee with all evidence in his or their support of the claim for the social status certificates. 9 . The inquiry should be completed as expeditiously as possible preferably by day-to-day proceedings within such period not exceeding two months. If after inquiry, the Caste Scrutiny Committee finds the claim to be false or spurious, they should pass an order cancelling the certificate issued and confiscate the same. It should communicate within one month from the date of the conclusion of the proceedings the result of enquiry to the parent/guardian and the applicant.

10. In case of any delay in finalising the proceedings, and in t h e meanwhile the last date for admission into an educational institution or appointment to an officer post, is getting expired, the candidate be admitted by the Principal or such other authority competent in that behalf or appointed on the basis of the social status certificate already issued or an affidavit duly sworn by the parent/guardian/candidate before the competent officer or non-official and such admission or appointment should be only provisional, subject to the result of the inquiry by the Scrutiny Committee."

3. It is submitted that High Power Committee passed orders on the basis o f findings given by SDO. In view of same order dated 08.03.2011 be quashed.

Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 4/25/2023 4:57:56 PM

4. Counsel appearing for State is unable to defend the order passed by High Level Scrutiny Committee.

5. On going through the order, it is found that directives which are issued by the Supreme Court in case of Ku Madhuri Patil (Supra) are not followed.

6 . Considering the facts and circumstances of the case, order dated 28.02.2008 is quashed. Matter is remitted to High Level Scrutiny Committee to re-examine the case and to follow the procedure as laid down in case of Madhuri Patil (supra) and, thereafter, fresh order be passed within a period of six months from the date of receipt of certified copy of the order passed today.

7 . Till final decision is taken by High Level Scrutiny Committee, no coercive action be taken against the petitioner and he may be permitted to continue.

8. With the aforesaid, writ petition is disposed off

(VISHAL DHAGAT) JUDGE Akm

Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 4/25/2023 4:57:56 PM