Neha Ray vs General Administration Department
2024 Latest Caselaw 3175 MP

Madhya Pradesh High Court

Neha Ray vs General Administration Department on 2 February, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                  BEFORE
                           HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                             ON THE 2 nd OF FEBRUARY, 2024
                                             WRIT PETITION No. 4859 of 2020

                          BETWEEN:-
                          NEHA RAY S/O GANGADHAR RAY, AGED ABOUT 21
                          YEARS, 77 BENGALI COLONY DIST. INDORE (MADHYA
                          PRADESH)

                                                                                      .....PETITIONER
                          (SHRI VAIBHAV PATEL APPEARED FOR PETITIONER)

                          AND
                          1.    GENERAL ADMINISTRATION    DEPARTMENT
                                PRINCIPAL SECRETARY VALLABH BHAWAN,
                                BHOPAL (MADHYA PRADESH)

                          2.    STATE  OF   MP   THROUGH  COLLECTOR
                                COLLECTOR OFFICE INDORE DIST. INDORE
                                (MADHYA PRADESH)

                          3.    SUB DIVISIONAL OFFICER (REVENUE) VIJAY
                                NAGA INDORE COLLECTOR OFFICE. INDORE
                                (MADHYA PRADESH)

                          4.    TEHS ILD AR VIJAY NAGAR ARERA INDORE
                                COLLECTOR     OFFICE. INDORE (MADHYA
                                PRADESH)

                                                                                    .....RESPONDENTS
                          ( SHRI KOUSTUBH PATHAK - GOVT. ADVOCATE FOR THE
                          RESPONDENTS)

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

The present petition under Article 226 of the Constitution of India has been filed seeking a direction to the respondent to declare the caste of the

petitioner which is being disputed by the respondent authorities.

2. Brief facts of the case are that petitioner has appeared in the General Nursing Training Selection Test(GNTST) and Pre Nursing Selection Test (PNST)-2018 wherein the dispute is being raised with regard to the caste of petitioner. Petitioner has filed documents pertaining to her caste. However, the authorities have not recognized her belonging to "Namo Sudra" Caste to be covered under the Scheduled Caste category. Thereafter, petitioner filed an application before the SDO for declaration of her caste "Namo Sudra" under the Schedule Caste which was decided vide order dated 07.01.2019 stating that the caste ''Namo Sudra" is not notified in the list published by the Government,

therefore the caste certificate cannot be issued to her. Being aggrieved by the said order, she has filed an appeal before the Addnl. Collector, Indore seeking issuance of caste certificate which was partially allowed remanding the matter to the SDO for fresh adjudication. Hence, the present petition be allowed and respondents be directed to declare ''Namo Sudra" under the scheduled caste category.

3. At this stage, learned Govt. Advocate raised the preliminary objection as regards maintainability of the present petition, in as much as, the petitioner can very well approach the 'High Level Caste Scrutiny Committee" for declaration of her caste in the light of the judgment passed by the Apex Court in the case of Kumari Madhuri Patel Vs. Addnl. Commissioner, Tribal Development reported AIR 1995 SC 94.

4. Admittedly, this Court cannot decide the caste of the petitioner and, therefore, the relief as sought for by the petitioner cannot be granted.

5. Accordingly, petition is disposed off with liberty to the petitioner to approach the "High Level Caste Scrutiny Committee" for declaration of her

caste in the light of the judgment passed by the Apex Court in the case of Kumari Madhuri Patil(supra).

(S. A. DHARMADHIKARI) JUDGE sh