V.K. Arakh vs The State Of Madhya Pradesh
2025 Latest Caselaw 2597 MP

Madhya Pradesh High Court

V.K. Arakh vs The State Of Madhya Pradesh on 9 January, 2025

           NEUTRAL CITATION NO. 2025:MPHC-JBP:957




                                                               1                                    WA-12-2017
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       BEFORE
                                      HON'BLE SHRI JUSTICE SURESH KUMAR KAIT,
                                                    CHIEF JUSTICE
                                                          &
                                          HON'BLE SHRI JUSTICE VIVEK JAIN
                                                 ON THE 9 th OF JANUARY, 2025
                                                   WRIT APPEAL No. 12 of 2017
                                                    V.K. ARAKH
                                                       Versus
                                     THE STATE OF MADHYA PRADESH AND OTHERS
                          Appearance:
                             Shri Hemant Shrivastava, learned Senior Advocate along with Shri Rajeev Mishra,
                          learned counsel for the appellant.
                             Shri S.S. Chouhan, learned Government Advocate for respondent/State.

                                                                   ORDER

Per: Hon'ble Shri Justice Suresh Kumar Kait, Chief Justice

The Scrutiny Committee has investigated the case of the petitioner regarding the Caste Certificate (Tribe) issued and the final decision is yet to be taken by the said Committee.

2. In view of above, it is necessary to vacate the interim order,

therefore, we are giving liberty to the Scrutiny Committee to give the final order, however, it is made clear that if the petitioner is aggrieved by order and finding of the said Committee, he may challenge the same before the appropriate Court.

3. Learned counsel for the petitioner has relied on the judgments of this Court in the cases of Smt. Yogita Somawar Vs. State of M.P. and others

NEUTRAL CITATION NO. 2025:MPHC-JBP:957

2 WA-12-2017 passed in WP No.14147/2011, State of M.P. and others Vs. Yogita Somawar passed in WA No.1248/2012 and State of M.P. and others Vs. Yogita Somawar passed by the Supreme Court vide order dated 09/10/2015 passed in CC No.18090/2015 in support of his contention. Petitioner is at liberty to place the same before the Scrutiny Committee.

4. While taking the final decision by the Scrutiny Committee, the vigilance reports dated 06/04/2011, 06/06/2011, 07/10/2013 and 10/01/2014 shall also be taken into consideration.

5. In view of above, nothing survives in the present appeal, the same is disposed of.

                               (SURESH KUMAR KAIT)                                (VIVEK JAIN)
                                   CHIEF JUSTICE                                     JUDGE
                          RS