Orissa High Court
(Through Hybrid Mode) vs State Of Odisha And Others on 2 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.3339 of 2021
(Through Hybrid mode)
Kartik Chandra Pal .... Petitioner
Mr. S. K. Singh, Advocate
Ms. Bini Mishra, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. Y.S.P. Babu, AGA
Mr. A. K. Sharma, AGA
CORAM: JUSTICE ARINDAM SINHA
ORDER
Order No. 02.02.2023
1. Mr. Singh, learned advocate appears on behalf of petitioner
and submits, impugned is final order dated 9th October, 2020,
whereby the caste certificate was cancelled and confiscated by the
State Level Scrutiny Committee. He submits, by judgment dated 1st
February, 2023 in WP(C) no.19763 of 2017(Sridhar Ku. Dalai vs.
State of Odisha and others), this Bench has held that the State Level
Scrutiny Committee does not have jurisdiction to initiate proceeding
for verification of caste certificate since, Orissa Caste Certificate (for
Scheduled Castes and Scheduled Tribes) Rules, 1980 is in force and,
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therefore, judgment of the Supreme Court in Kumari Madhuri Patil
v. Addl. Commissioner, Tribal Development, reported in AIR 1995
SC 94 does not operate in the State.
2. Mr. Babu, learned advocate and Additional Government
Advocate appears on behalf of State and submits, he has received
instruction that there was notification dated 27th August, 2015,
notifying 15th October, 2014 as the date, on which Odisha Scheduled
Castes, Scheduled Tribes and Backward Classes (Regulation of
Issuance and Verification of Case Certificates) Act, 2011 shall come
into force.
3. There had been publication of notification dated 15th October,
2014 in the Odisha Gazette Extraordinary on 15th October, 2014,
publishing Odisha Act 8 of 2014 for general information. Section 1 in
the Act is reproduced below.
"1. (1) This Act may be called the Odisha Scheduled
Castes, Scheduled Tribes and Backward Classes
(Regulation of Issuance and Verification of Caste
Certificates) Act, 2012.
(2) It shall come into force on such date, as the State
Government may, by notification, in the Official
Gazette, appoint."
(emphasis supplied)
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Text of said notification dated 27th August, 2015 published in the
Gazette on 31st August, 2015 is reproduced below.
"No. 17281--PCR Cell-41/2015/SSD--In
exercise of the powers conferred by sub-section (2) of
Section 1 of "THE ODISHA SCHEDULED CASTES,
SCHEDULED TRIBES AND BACKWARD CLASSES
(REGULATION OF ISSUANCE AND
VERIFICATION OF CASTE CERTIFICATE) ACT,
2011", the State Government hereby appoint the 15th
October, 2014 as the date on which the said Act shall
come into force."
(emphasis supplied)
4. The publications of local laws available in Court do not
include Odisha Act 8 of 2014. Publication of it by said notification
dated 15th October, 2014 says clearly that the Act is of year, 2012, by
sub-section (1) in section 1. Notification dated 27th August, 2015
notified coming into force of the Act, to be the Act of year, 2011.
5. There have been writ petitions dealt with on views expressed
by co-ordinate Bench and this Bench initially on impression that the
Act of 2012 stood notified as having come into force. Subsequently,
enquiry was made by this Bench and there was judgment dated 4th
January, 2023 in WP(C) no.15048 of 2022 (Kunalata Nayak v.
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State of Odisha and others) saying, inter alia, the appointed date for
coming into force of the Act of 2012 had not been notified.
6. This order be produced before Commissioner-cum-Secretary
to Government and instructions with authority issued, to enable
adjudication of the writ petition.
7. List on 9th February, 2023 along with WP(C) no.30704 of
2020.
(Arindam Sinha)
Judge
Prasant
