PANKAJ KUMAR SAHA Vs. SUB DIVISIONAL OFFICER ISLAMPUR

JUDGEMENT

(1.) This Special Leave Petition is filed against the order of the Calcutta High Court dated April 25, 1994, made in Original Order T. No. 2878/92.

(2.) Petitioners' brother Amal Kumar Saha was granted a Schedules Caste certificate on January 15, 1982, and the petitioner was granted a certificate on January 22, 1982. The certificate granted to the elder brother was cancelled on December 20, 1986. Said elder brother approached the High Court by way of writ application under Article 226 of the Constitution which was registered as C. O. No. 7629 of 1988. The said writ application was disposed of directing petitioner's brother to file a representation. Even the representation of the brother was rejected by order dated December 18, 1991. The petitioner was served with a notice dated January 6, 1992 calling upon him to show cause as to why the certificate granted to him would not be cancelled. The petitioner appeared before the authority and filed his show cause. Finally, by order dated July 9, 1992, the certificate was cancelled. The petitioner's elder brother challenged the order of cancellation of his certificate by filing a writ petition, which is still pending. But the petitioner's writ petition, challenging the order of cancellation was dismissed by the learned single Judge on August 27, 1992, and the Division Bench dismissed the appeal in limine on April 25, 1994. Hince the special leave petition.

(3.) When the matter had come up on the last occasion, we directed the learned counsel to produce the Presidential notification published under Art. 341 (1) of the Constitution which has been made part of the record. It discloses that as regards the State of West Bengal, item No. 57 Sunri (excluding Saha) has been declared to be Scheduled Caste. Admittedly, the name of the petitioner has been described as Saha. He claimed the status as Sunri, a Scheduled Caste.