Tripura High Court
Mr. K. Nath vs Mr. D. Sarma on 6 April, 2021
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 1443/2019
For Petitioner(s) : Mr. K. Nath, Advocate
For Respondent(s) : Mr. D. Sarma, Addl. GA
HON'BLE MR. JUSTICE ARINDAM LODH
Order
06/04/2021
Heard Mr. K. Nath, learned counsel for the petitioner as well as Mr.
D. Sarma, learned Additional GA appearing for the respondent-State.
2. By means of filing this writ petition, the petitioner has challenged
the cancellation of his Scheduled Tribe certificate issued by the Sub
Divisional Magistrate, Udaipur, Gomati, vide order dated 04.10.2019
under Rule 6-A of the Tripura Scheduled Case and Scheduled Tribes
Reservation Rules, 1992 (here-in-after, the Rules, 1992) and, consequent
cancellation of the survival certificate issued in favour of the petitioner by
the Sub Divisional Magistrate, Udaipur, Gomati.
3. Brief facts are that, the petitioner belongs to Jamatia community
which is recognized as Scheduled Tribe in the State of Tripura. After due
and proper inquiry, the SDM, Udaipur issued Scheduled Tribe certificate
in favour of the petitioner on 13.11.2014. All on a sudden, the SDM,
Udaipur, Gomati, by an impugned order dated 04.10.2019 has cancelled
the Scheduled Tribe and Survival certificate of the petitioner without
having any jurisdiction or authority of such cancellation.
4. Rule 7-A of the Tripura Scheduled Case and Scheduled Tribes
Reservation Rules, 1992, provides by which authority and in which
manner verification of the social status is to be carried out. In terms of
Rule 7-A of the said Rules, 1992, only State Level Scrutiny Committee is
competent to cause verification of caste status. It is further pleaded that
on instruction of DM & Collector, Gomati and Government Pleader of
Gomati District, the SDM, Udaipur, Gomati, taking into consideration of
extraneous and irrelevant materials and in violation of natural justice and
mandate of Rule 7-A of the said Rules, 1992, has cancelled the SC
certificate of the petitioner. Similarly, by the impugned order dated
04.10.2019, the SDM, Udaipur without procedural aspect of law has
cancelled the survival certificate of the father of the petitioner.
5. It is the case of the petitioner that the SDM, Udaipur has no
competency to cancel the ST certificate of the petitioner. The respondent
in blatant violation of the Rules, 1992 and, in violation of principle of
natural justice behind the back of the petitioner has cancelled his ST
certificate and survival certificate of his father, most arbitrarily and
illegally. Thus, the petitioner has prayed for setting aside the cancellation
of his ST certificate as well as his survival certificate.
6. Mr. K. Nath, learned counsel for the petitioner at the very outset
has drawn my attention to a judgment of a Division Bench passed in
WP(C) 1425 of 2019 [ Uttam Das Baishanab vs. The State of Tripura and
others] and similar other matters, wherein Rule 6 of the said Rules, 1992
has been declared as inoperative and otiose in the manner as under:
"12. For these reasons Rule 6 of the said Rules is declared inoperative and otiose
from the date of insertion of Rule 7A in the said Rules. Impugned order dated
10.12.2019 which has been passed by the Sub Divisional Magistrate in exercise of
power under Rule 6 of the said Rules, therefore, is set aside. It is clarified that we
have not examined the decision of the Sub-Divisional Magistrate on merits and
nothing stated in this order would prevent any further inquiry into correctness of
the petitioner's Caste certificate, as per the procedure laid down in the Rule 7A of
the said Rules".
7. In view of the said decision where Rule 6 of the said Rules, is
declared as inoperative and otiose, I have no other alternative but to set
aside and quash the order of cancellation of the ST certificate of the
petitioner vide order dated 04.10.2019. Accordingly, the order dated
04.10.2019 passed by the Sub Divisional Magistrate, Udaipur, Gomati, is
set aside. Further, it is established that the survival certificate of the father
of the petitioner has also been cancelled vide order dated 04.10.2019 in
total disregard to the principle of natural justice. Accordingly, the said
order dated 04.10.2019 cancelling the survival certificate of the father of
the petitioner also stands set aside. However, it is made clear that this
court has not examined the merits of cancellation of these two
certificates, as aforestated. The competent authority may inquire and
examine the correctness of these certificates in accordance with law laid
down in Rule 7-A of the said Rules, 1992 and the relevant provisions for
granting survival certificate.
8. With the aforesaid observation and direction, the instant writ
petition is allowed, in the above terms and thus, disposed off.
Pending application(s), if any, also stands disposed off.
JUDGE
Saikat
