SPA/29/2025
2025 Latest Caselaw 2465 UK

Uttarakhand High Court

SPA/29/2025 on 21 March, 2025

                   Office Notes,
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SL.
        Date       or directions                        COURT'S OR JUDGES'S ORDERS
No
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                    Registrar's
                    order with
                    Signatures
      21.03.2025                   SPA No. 29 of 2025

                                   Hon'ble G. Narendar, C.J.

Hon'ble Alok Mahra, J.

Dr. Kartikey Hari Gupta and Ms. Irum Zeba, learned counsel for the appellant.

2. Mr. Yogesh Chandra Tiwari, learned Additional Chief Standing Counsel with Mr. S.S. Chaudhary, learned Brief Holder for the State.

3. Heard learned counsel for the appellant and learned State Counsel.

4. The Caste Verification Committee in the present case is headed by the Joint Director of Social Welfare Department.

5. In terms of sub-para (4) of Paragraph 13 of the judgment of the Hon'ble Apex Court in Km. Madhuri Patil& another vs. Addl. Commissioner, Tribal Development & others, reported in (1994) 6 SCC 241, every State has been directed to constitute a Committee headed by an officer at least of the Rank of Additional Secretary and with the Director of Social Welfare Department, as a Member.

6. The Committee, which has now examined the veracity of the Caste Certificate, is contrary to the directions contained in sub-para (4) of Paragraph 13 of the judgment in Km. MadhuriPatil(supra).

7. In that view, there shall be stay of the order dated 04.11.2024, passed by the State Caste Scrutiny Committee.

8. List in due course.

(Alok Mahra, J) (G. Narendar, CJ)

21.03.2025 21.03.2025 NISHANT