SURESH KUMAR DAGLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioners have filed the present petition under Article 226 of the Constitution of India seeking appropriate direction for quashing of the impugned order dtd. 10/1/2011 in Case No. 237/AJJ/2008 vide communicated memo dtd. 11/1/2011 bearing Memo No. Chhas Shiks/AJJ/237/08/2657 by which High Level Caste Scrutiny Committee, Raipur has cancelled the caste certificate issued by Sub Divisional Officer to the petitioners.

(2.) A complaint dtd. 10/10/2007 was made before the Collector Bilaspur by Vikash Kumar Gond, Hridaya Rathiya and Ajay Kumar Agrawal who are intervenors of the case alleging that Shankar Lal Dagla, who is resident of Village Nanda, Tahsil and District Jodhpur, Rajasthan claiming himself to be a member of Bheel Tribal Community and on the basis of forged caste certificate he has been appointed as Lecturer and thereafter promoted as Dy. Collector. It has also been alleged that by using his power he has obtained petrol pump in the name of his son Petitioner No.1. It has also been alleged that the caste certificate has been issued without following the due process of law and thus prayed for declaration of caste certificate issue in favour of the petitioner to be null and void. On the basis of complaint, proceedings were initiated by the High Power Committee/ Respondent No.2. It has been further contended that the Committee vide order dtd. 10/1/2011 has cancelled the caste certificate.

(3.) The petitioners have assailed the impugned order by placing the facts which is in brief that the Shankar Lal Dagla, father of petitioner No.1 is having a caste certificate dtd. 4/2/1963 issued by Tahsildar, Jodhpur on the basis of caste certificate dtd. 4/2/1963 has obtained caste certificate dtd. 10/11/1994 of Bheel Tribe from Deputy Collector and Executive Magistrate Bilaspur. Thereafter, reorganization of the State, Petitioner No.1 and Petitioner No. 2 have also obtained temporary caste certificate of "Bheel Caste bearing case number No. 863/A A121/04-05 on 28/6/2005 from Naib Tehsildar Lalunga, District Raigarh and on the basis of caste certificate, dealership of Indian Oil petrol pump was allotted to Petitioner No. 1 which is reserved for Scheduled Tribes of the State of Madhya Pradesh.