SARVESH PATEL Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner, a citizen without disclosing his status, but taking shelter of the fundamental rights guaranteed under Part III of the Constitution of India has approached this Court vide this petition under Article 226 of the Constitution of India seeking direction to High Level Scrutiny Committee constituted as per direction in Kumari Madhuri Patil and another v. Additional Commissioner, Tribal Development and others, 1994 6 SCC 241, to immediately take action on the complaint filed by the petitioner in respect of caste status of respondent no. 5 who belongs to Katiya Caste.

(2.) Certificate dated 29.12.2004 certifying the respondent no. 5 being Scheduled Caste "Katiya" was issued by the Competent Authority, the Sub Divisional Officer Cum Certifying Officer on the basis of the detail enquiry as is apparent from the documents on record as Annexure P-1.

(3.) Grievance put forth by the petitioner is that the proper enquiry was not held. It is urged, that had there been a proper enquiry the authorities would have noted that respondent no. 5 is "Kshatriya" by Caste and not "Katiya". It is urged, that respondent no. 5's, sister got married in a Rajput Community that being so the respondent no. 4 has falsely got herself the Scheduled Tribe Certificate issued. Be that as it may.