POONAM GOUR Vs. STATE OF U P

JUDGEMENT

(1.) POONAM Gour D/o Ram Kewal resident of village and post Sihaitpur District Gorakhpur has approached this Court with a request to direct the State Level High Power Caste Scrutiny Committee, to verify the caste certificate of the petitioner of Caste Gond sub Caste Dhuriya in pursuance of the report of vigilance dated 14.06.2011 and to quash the order dated 14.10.2011 passed by State Government, Social Welfare Department wherein State Level High Power Caste Scrutiny Committee has asked the Committee constituted under Chairmanship of District Magistrate, to make inquiry and to submit its opinion to the State Government.

(2.) DURING the pendency of the aforesaid writ petition, petitioner, by means of first amendment application, has proceeded to challenge the validity of report dated 06.08.2013 submitted by District Level Caste Scrutiny Committee, disallowing the claim of the petitioner by accepting petitioner to be belonging from "Gond" caste.

(3.) PETITIONER submits that in the said direction she has been requesting that her caste status should be cleared and at the said point of time petitioner has gone to the extent of filing Civil Misc. Writ Petition No. 16817 of 2001( Poonam Gour Vs. Collector, Gorakhpur and others) and in the said writ petition this Court has proceeded to pass order directing to make an application before the Chief Secretary, Government of Uttar Pradesh Lucknow and upon such application being made, the Chief Secretary, Government of Uttar Pradesh was asked to refer the matter to the High Powered Committee constituted for determining the nature and status of the petitioners' community as to whether she is covered under the said category or not and to take appropriate decision. Petitioner submits that an application has been moved in the said direction and the copy of the judgement has also been supplied to the Chief Secretary, Government of Uttar Pradesh, Lucknow. Joint Secretary, U.P. Government Social Welfare Lucknow thereafter giving reference of letter dated 05.08.2010 and giving reference of the decision of this Court in Civil Misc. Writ Petition No. 16817 of 2001 dated 09.04.2010 wrote letter addressed to Director, Backward Classes Social Welfare Department Lucknow and mentioned therein that to verify at the Directorate Social Welfare Department there is no vigilance cell constituted to undertake exercise for verification of caste status of Scheduled Caste and Scheduled Tribes candidates as no one of the Home Department is posted therein and accordingly claim of the petitioner should be got examined by the vigilance cell constituted under Directorate meant for Backward Classes and comments be got received.