The Allahabad High Court has stayed the state-level caste scrutiny committee’s order dated September 25, 2024, refusing to accept the Scheduled Caste certificate issued to Amarnath Kharwar, former head of Andhiya Tappa village panchayat of Kushinagar.
A Single Bench of Justice Vikram D Chauhan passed this order while hearing a petition filed by Amarnath Kharwar.
Counsel for the petitioner submitted that the petitioner belongs to a Scheduled Caste category and a caste certificate was issued in favour of the petitioner in 2005 which was subjected to scrutiny by the District Level Caste Scrutiny Committee.
At the first instance, it was decided in favour of the petitioner by the District Level Caste Scrutiny Committee. The examination was made on the complaint made by respondent no 4.
Thereafter, the respondent no 4 filed an appeal before the State Level Caste Scrutiny Committee and the State Level Caste Scrutiny Committee at the first instance has sent to the Vigilance Cell for the enquiry and submitted its report dated 12.10.2022 in favour of the petitioner holding that the petitioner after enquiry is found to be belonging to Scheduled Caste category.
Now, the State Level Caste Scrutiny Committee has passed the order dated 25.9.2024 and has denied status of Scheduled Caste category.
Counsel for the petitioner further submitted that the committee constituted by the government in respect of the scrutiny at the State level was not in consonance with the judgment of the Supreme Court in Kumari Madhuri Patil and another Vs Addl Commissioner, Tribal Development and others, reported in (1994) 6 SCC 241.
Counsel for the petitioner has referred to the aforesaid judgment to submit that in respect of the Scheduled Caste candidate, the Director Social Welfare was required to be a member of the aforesaid committee. However, in the case the Director, Other Backward Class have been made as one of the members of the committee.
Counsel for the petitioner has further referred to the Government order dated 5.1.1996 to submitted that the committee itself was not in consonance with the Government order as the Director, Social Welfare was not the member and as such the impugned order passed the State Level Caste Scrutiny Committee is without jurisdiction.
The Court granted three weeks’ time to file a counter affidavit for the Standing Counsel for the State.
The Court has fixed the next hearing of the petition on 29.11.2024.
“In view of the submissions made by the counsel for the petitioner, the effect and operation of the order dated 25.9.2024 passed by respondent no 2-State Level Caste Scrutiny Committee shall remain stayed until further orders,” the Court ordered.