MANISH KUMAR RAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Proceedings of this matter have been taken-up through video conferencing.

(2.) This writ petition is directed against the order dtd. 6/7/2010 (Annexure P-1) passed by the High Power Caste Scrutiny Committee (hereinafter called as "Caste Scrutiny Committee"), whereby the petitioner has been declared as a person not belonging to a member of Uraon caste (Scheduled Tribe).

(3.) Mr.Manoj Paranjape, learned counsel for the petitioner, would submit that in first round of litigation this Court already remanded the matter at the instance of respondents No.1 and 2 to review its order dtd. 29/3/2010 after giving an opportunity of cross-examining the respondents' five witnesses, but only one witness namely Santosh Kumar was allowed to be cross-examined and rest witnesses were not cross-examined, yet the impugned order has been passed on 6/7/2010 (Annexure P-1) declaring that the petitioner does not belong to Uraon caste (Scheduled Tribe category), which is in violation of principles of natural justice as well as the law declared by the Supreme Court in the matter of Ayaaubkhan Noorkhan Pathan v. State of Maharashtra and others, (2013) 4 SCC 465 followed by this Court in Premal Das Baghel v. Anusuchit Jan Jati Praman Patra Uchcha Stariya Chhanbin Samiti, Raipur (Chhattisgarh) and others, ILR 2018 Chhattisgarh 1951.