JAUWAD ALI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has challenged the impugned order dated 7/08/2000, whereby the Caste Certificate granted to the writ petitioner on 21/06/2000 by the Tehsildar, Tehsil Sahjanwan, District Gorakhpur (respondent No. 2) has been cancelled. By means of the present writ petition the petitioner has challenged the legality and validity of the impugned order dated 7/08/2000 cancelling the Caste Certificate issued to the petitioner on 21/06/2000.

(3.) It is the contention of the petitioner that the petitioner belongs to the 'Sheikh' caste and the said caste was recognized as Backward Caste by respondent No. 1, i.e., the State of Uttar Pradesh. The petitioner applied for issuance of the Caste Certificate before respondent No. 2. Respondent No. 2 after having made necessary enquiry issued the Caste Certificate in favour of the petitioner on 21/06/2000. By the impugned order dated 7/08/2000 respondent No. 2 has cancelled the Caste Certificate issued to the petitioner on 21/06/2000 on the ground that on account of the amendment made by the Backward Caste Kalyan Anubhag-1, State of U.P., in Notification No. 315/64-1-98-70/96 Lucknow dated 31/05/1998, the 'Sheikh' caste has been amended as 'Sheikh Sarvari (Pirayee)' and, therefore, the Caste Certificate issued for 'Sheikh' caste is not in accordance with law. The contention of the learned Advocate for the petitioner is that on the basis of the Caste Certificate that he was a 'Sheikh' by caste, certain facilities and rights accrued to the petitioner which he will be deprived of under the impugned order. The impugned order will affect him adversely and as such it is bounden duty on the part of the concerned authority to take action after affording an opportunity of hearing to the petitioner. The impugned order violates the principles of natural justice and appears to be absolutely arbitrary being issued after amendment. It is not in dispute that no opportunity of hearing was afforded to the petitioner before the Caste Certificate was cancelled.