REKHA KHANDE Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) Petitioner was appointed as a Supervisor in the Department of Woman and Child Development by order dated 04/06/1987 as a Scheduled Caste candidate and thereafter, her caste certificate was verified by the High Level Caste Scrutiny Committee. The said Committee by its order dated 05/01/2005, cancelled the caste certificate issued in favour of the petitioner and held that she is not entitled for the caste certificate as she is not a member of Scheduled Caste and consequently State Government ordered for cancellation of her appointment granted on the reserved post of Supervisor in the Department.

(2.) Questioning the said order, instant writ petition has been filed by the petitioner stating inter alia that by virtue of marriage with schedule tribe person, she has acquired the status of scheduled caste and therefore caste certificate (SC) was rightly granted by the Competent Authority in her favour and finding recorded by Caste Scrutiny Committee holding her not entitled for such a certificate deserves to be set-aside being unsustainable and bad in law.

(3.) Return has been filed by the State stating inter alia that the caste certificate issued in favour of the petitioner has already been cancelled by the High Level Caste Scrutiny Committee, therefore, the State Government has rightly cancelled the appointment of the petitioner obtained against the reserved post of Supervisor, and even otherwise the order dated 05/01/2005 is in accordance with law and no interference is called for in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.