Dr. Kshirabdhi Tanaya Munda vs State Of Odisha And Others
2023 Latest Caselaw 8620 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No.24607 of 2023
                               (Through Hybrid mode)

            Dr. Kshirabdhi Tanaya Munda             ....                   Petitioner

                                                         Mr. S. K. Mishra, Advocate

                                         -versus-
            State of Odisha and others              ....             Opposite Parties

                                                           Ms. S. Pattanayak, AGA


                     CORAM: JUSTICE ARINDAM SINHA
                                    ORDER

04.08.2023

W.P.(C) No.24607 of 2023 and I.A. no.11792 of 2023 Order No.

1. 1. Mr. Mishra, learned advocate appears on behalf of petitioner

and submits, impugned is notice dated 13th July, 2023 issued by the

State Level Scrutiny Committee (SLSC) at instance of allegation

petition dated 14th March, 2023 of a person purporting to be right

activist and human rights defender. He draws attention to sub-

section (2) of section 6 in Odisha Scheduled Castes, Scheduled

Tribes and Backward Classes (Regulation of Issuance and

// 2 //

Verification of Caste Certificates) Act, 2012 to submit, allegation of

the person could not have been taken cognizance of by the SLSC.

Furthermore, when the caste certificate stood duly issued under the

rules in place, per declaration of law by the Supreme Court in

Dayaram v. Sudhir Batham, reported in (2012) 1 SCC 333, the

caste certificate cannot be called for verification by the SLSC. He

prays for admission of the writ petition and interim measure.

2. Ms. Pattanayak, learned advocate, Additional Government

Advocate appears on behalf of State and submits, short adjournment

of ten days be granted without interim interference, for obtaining

instructions.

3. Petitioner has relied on sub-section (2) in section 6 of the Act,

of 2012. Petitioner has further relied on judgment of the Supreme

Court regarding caste certificate duly issued as cannot be called for

verification. In the circumstances, petitioner is entitled to interim

protection. Ms. Pattanayak submits, the interim measure if directed

be confined to result of the proceeding be subject to leave obtained

from Court. Mr. Mishra opposes by submitting, the proceeding itself

// 3 //

lacks jurisdiction. The notice stands issued without authority and

there can be no question of proceeding pursuant therewith.

4. Counter be filed by 14th August, 2023. Petitioner may file

rejoinder, to be accepted on adjourned date upon advance copy

served.

5. List on 25th August, 2023. Impugned notice will remain

stayed till next date of hearing.

(Arindam Sinha) Judge

Prasant

Signature Not Verified Digitally Signed Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: OHC Date: 04-Aug-2023 18:40:56