SANT KUMAR NETAM Vs. AJIT PRAMOD KUMAR JOGI

JUDGEMENT

(1.) Rejection of IA No. 3 of 2019, filed by the Appellant for impleadment/intervention in Writ Petition (C) No. 3068 of 2019, as per the Annexure A/5 order dated 04.09.2019 passed by the learned Single Judge is put to challenge in this appeal.

(2.) Heard Shri Sudeep Shrivastava and Shri Sandeep Dubey, the learned counsel representing the Appellant, Shri Gary Mukhopadhyay, the learned counsel representing the 1st Respondent/Writ Petitioner and Shri Vivek Ranjan Tiwari, the learned Additional Advocate General representing the State.

(3.) Declaration of the caste status/social status of the 1st Respondent herein by the High Power Certification Scrutiny Committee (for short 'the Scrutiny Committee') constituted pursuant to the verdict passed by the Hon'ble Apex Court in Ku. Madhuri Patil v. Additional Commissioner, Tribal Development & Others, 1994 6 SCC 241; holding that he is not a Tribal, is sought to be interdicted in the writ petition filed by the 1st Respondent. Pointing out that the Appellant was a necessary party and that he was consciously avoided to be impleaded, despite the fact that it was on the basis of his complaint preferred in the year 2001 that the caste status of the 1st Respondent/Writ Petitioner was sought to be scrutinized; that he has all along been fighting for the cause being a tribal and a tribal activist for nearly 18 years and further that he was permitted to be impleaded as a 'proper party' by a Division Bench of this Court in the earlier round of litigation, IA No. 3 of 2019 was filed for impleadment/intervention. Applications for impleadment/intervention were filed by some others as well.