Milan Majhi vs The State Of Madhya Pradesh
2023 Latest Caselaw 3707 MP

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     IN THE HIGH COURT OF MADHYA PRADESH
                             AT G WA L I O R
                                     BEFORE
      HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                       ON THE 2nd OF MARCH, 2023


                    WRIT PETITION No. 18645 of 2020

BETWEEN:-
MILAN MAJHI S/O SHRI RAKESH
KUMAR MAJHI, AGED 19 YEARS,
OCCUPATION:    STUDENT   R/O
CHUNGAR PHATAK KADAN KA
PURA DATIA (MADHYA PRADESH)
                                                                  .....PETITIONER
(BY SHRI D.P. SINGH - ADVOCATE)
AND
     THE STATE OF MADHYA
1.
     PRADESH         THROUGH
     PRINCIPAL     SECRETARY
     DEPARTMENT   OF   TRIBAL
     WELFARE VALLABH BHAWAN
     BHOPAL (MADHYA PRADESH)
2.
     THE COLLECTOR DISTRICT
     DATIA (MADHYA PRADESH)
3. SUB DIVISIONAL OFFICER ,
   DATIA,   DISTRICT  DATIA
   (MADHYA PRADESH)
                                                               .....RESPONDENTS
(BY SHRI G.K. AGRAWAL - GOVT ADVOCATE FOR RESPONDENT/STATE )

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       This petition coming on for admission this day, the court passed

the following:

                                      ORDER

This petition under Article 226 of the Constitution of India has

been filed seeking following relief:

"In view of the facts and grounds narrated above, the petitioners pray that the petition may kindly be allowed and the following reliefs in the exercise of extra-ordinary writ jurisdiction be granted by this Hon'ble Court:-

1- That, the impugned certificate annexure P/1 may kindly be quashed/set aside and the respondent No. 3 be directed to issue a ST status certificate of "Majhi" tribe to the petitioner, alternatively The respondent No. 3 may be directed to take up the application filed by the petitioner as an ST certificate application and deal with it on merits, 2- Costs and any other relief which this Hon'ble Court may deem fit and kindly be awarded."

It is submitted by the counsel for the petitioner that the petitioner filed an application for grant of caste certificate of Scheduled Tribe, however, the respondents have issued the certificate of OBC.

The moot question is as to whether this Court has jurisdiction to ascertain as to whether the petitioner belongs to ST caste or OBC caste.

In the light of judgment passed by the Supreme Court in the case of Madhuri Patil Vs. Add. Commissioner Tribal Welfare reported in (1994) 6 SCC 241, High Level Caste Scrutiny Committee has been constituted. Guidelines have been issued for issuance of caste certificate and in the said guidelines, the duties of the High Level Caste Scrutiny Committee have been laid down.

Clause - 22(2)(d) reads as under; , ",ssls leLr izdj.k ftuesa izkf/kd`r vf/kdkfj;ksa dks vuqlwfpr tkfr @tutkfr @vU; fiNMsa oxZ ds izek.k i«k izkIr djus

ds fy;s izLrqr vkonsu esa of.kZr tkfr vkSj ml tkfr ds fy;s vf/klwfpr LFkku ds ckjs esa ,slk iz'u fufgr gS] ftldk fofu'p; mPp Lrj ij fd;k tkuk gks vkSj tks muds }kjk mPPk Lrjh; lfefr dks funsZf'kr fd;s x;s gksaA

Thus, it is clear that where there is a dispute as to whether the candidate belongs to Scheduled Tribe or OBC, then it has to be adjudicated by the High Level Caste Scrutiny Committee.

This Court in exercise of power under Article 226 of the Constitution of India cannot embark upon the enquiry as to whether the petitioner belongs to Scheduled Tribe or OBC.

Accordingly, this petition is dismissed for want of jurisdiction. However, liberty is granted to the petitioner that if so advised, then he can approach the High Level Caste Scrutiny Committee for issuance of the Scheduled Tribe Caste certificate.

(G.S. AHLUWALIA) JUDGE Chetna

CHETNA BEHRANI 2023.03.03 09:00:33

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