RAKESH KUMAR VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) Challenge in this petition under Article 226 of the Constitution of India is to the order passed by the High Level Caste Scrutiny Committee (henceforth "the Committee") on 10/11/2008 cancelling the petitioner's caste status certificate and directing the Collector, Sagar (MP) to proceed against the petitioner in accordance with law.

(3.) The petitioner is presently working as Superintending Engineer (PWD) in the State of Chhattisgarh. On some complaint being made against the petitioner, questioning his caste status, the matter was examined by the Committee, wherein, the petitioner was afforded opportunity of hearing to prove that he belongs to "Korwa" Scheduled Tribe Community. Proceeding further in the matter, the Committee passed the final order holding that in view of the law laid down by the Supreme Court in the matter of Director of Tribunal Welfare, Government of Andhra Pradesh Vs. Laveti Giri and another, AIR 1995 SC 1506, the burden to prove the caste status was on the petitioner, which he failed to discharge by producing all relevant documents including the land document prior to 6/9/1950, when the Presidential order was issued, in which, "Korwa" was included and notified in the list of Scheduled Tribe. The petitioner further failed to produce any proof of the fact that his ancestors belonged and had enjoyed the tribal status of being members of "Korwa" Tribal Community, therefore, he having failed to prove his tribal status, the certificate issued in his favour deserves to be cancelled.