LAWS(CHH)-2017-1-139

CHANDRA KUMARI Vs. STATE OF CHHATTISGARH

Decided On January 31, 2017
CHANDRA KUMARI Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This petition is directed against the order Annexure P-32 whereby the District Level Caste Scrutiny Committee has revoked the caste certificate issued in favour of the petitioner on 10/10/1991 by the Collector, Durg, holding that she does not belong to Scheduled Tribe as notified and therefore she is not entitled for the caste certificate.

(2.) This writ petition has been filed mainly on the ground that the District Level Caste Scrutiny Committee constituted by the State is contrary to the law laid down by the Supreme Court in the matter of Madhuri Patil v. Addl. Commr., Tribal Development 1 (1994) 6 SCC 241 as well as Madhuri Patil v. Addl. Commr., Tribal Development 2 (1997) 5 SCC 437 and therefore the order passed by the District Level Caste Scrutiny Committee revoking the caste certificate of the petitioner is per se illegal and without authority of law.

(3.) The State has filed return justifying the revocation of caste certificate of the petitioner by the District Level Caste Scrutiny Committee.