RAJ MANGAL GOND Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner who claimed himself to be a Gond with a permanent domicile of Village Kasamriya, District Maharajganj had a Caste Certificate of being a Scheduled Caste which was dtd. 6/6/1996. However, when the parliament in the exercise of its power under Article 342(2) of the Constitution of India brought the Scheduled Caste and Scheduled Tribe Orders (Amendment) Act, 2002 and had considered Gond Caste residing in the District Maharajganj to be of the Scheduled Tribe, the petitioner again applied for a certificate holding that the petitioner was of the Scheduled Tribe. When the Tehsildar who was adjudicating the matter held that the petitioner was not of the Gond Caste but was of the Kahar caste, the petitioner challenged the matter before the District level Caste Scrutiny Committee, Maharajganj. On 4/10/2014 the District level Caste Scrutiny Committee, Maharajganj remitted the matter back to the Tehsildar for examining the evidence and directed him to reconsider the evidence and thereafter to issue the Caste Certificate in accordance with law. On 27/11/2014, the Tehsildar issued a Caste Certificate to the petitioner which indicated that the petitioner was of the Scheduled Tribe. The Caste Certificate according to the petitioner which was issued on 27/11/2014 was a certificate, which was issued by hand and since there were subsequent Government Orders which desired that a candidate had to have a Caste Certificate "On-line" the petitioner applied again for the issuing of a Caste Certificate "On-line". The petitioner alongwith certain other individuals who were also of the Scheduled Tribe applied for the issuing of the Caste Certificate On-line. The applications, however, were rejected in a mechanical manner and, therefore, the petitioner along with certain other individuals filed a writ petition being Writ-C No. 15552 of 2020 (Anoop Kumar Gond and 70 Others vs. State of U.P. and 4 Others), which was disposed of on 12/10/2020 with the following order:-

(3.) Learned counsel for the petitioners stated that the petitioners have filed applications before the concerned Tehsildars for issuance of Caste Certificates but till date no order has been passed.