WPMS/1547/2023
2023 Latest Caselaw 1491 UK

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                                  WPMS No.1547 of 2023
                                  Hon'ble Ravindra Maithani, J.

Mr. Parikshit Saini, Advocate for the petitioner.

Mr. T.S. Fartyal, Addl. C.S.C. for the State.

The challenge in this petition is made to order dated 07.02.2023 passed by the Scrutiny Committee, by which the petitioner's Other Backward Category certificate has been cancelled.

Heard and perused the record. Admit.

Learned C.S.C. takes notice for the respondents.

Counter affidavit to be filed within four weeks.

Two weeks thereafter, rejoinder affidavit, if any, may be filed.

List on 18.10.2023.

Heard on Stay Application (IA No. 1 of 2023).

Learned counsel for the petitioner would submit that the impugned order has been passed without affording any opportunity of hearing to the petitioner, as required under Government Orders as well as the judgment passed by the Hon'ble Supreme Court in the case of Madhuri Patil v. Additional Commissioner, Tribal Development, (1994) 6 SCC 241.

Having heard, as an interim measure, it is directed that no consequential order shall be passed based on the impugned order, till the next date of listing. Stay Application stands disposed of, accordingly.

(Ravindra Maithani J.) 25.05.2023 Avneet/