BHAGWAT GOND Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner. Learned Standing Counsel appears for the State Respondents. Shri R.K. Tripathi appears for the complainant-Respondent No. 4.

(2.) The Petitioner was issued a caste certificate by the Tehsildar certifying that he belongs to Gond caste, which is a notified Scheduled Tribe.

(3.) A complaint was made by Shri Arvind Singh that the Petitioner has obtained certificate by misrepresentation. The complaint was referred in the light of the judgment of the High Court in Writ Petition No. 19097 of 2004, Sangeeta Devi v. State of U.P and Ors. Writ Petition No. 19097 of 2004, and in view of the judgment in Madhuri Patil v. Addl. Commissioner to a committee consisting of SDM, Hata as its Chairman; Tehsildar Hata and Revenue Inspector, Kaptanganj as members. The Committee heard the parties, considered the material produced on record and collected by it by making enquiries. On the report of the Committee, which heard both the parties and considered the entire record, the SDM Hata by the impugned order dated 10.11.2010 allowed the complaint dated 1.9.2009 and cancelled the caste certificate on the ground that the Petitioner has misrepresented himself to belong to 'Gond' caste (Scheduled Tribe). He actually belongs to 'Kahar' caste, which is an 'other backward class', in the State of U.P.