AJAY LIKHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this writ petition challenging order dated 09.09.2009 passed in Case No.221/09 by respondent No.1. By order dated 09.09.2009, High Power Scrutiny Committee passed order to cancel Scheduled Tribe Certificate of caste Halba issued in favour of petitioner. Thereafter, direction has also been issued to Collector, Superintendent of Police for cancellation of caste certificate issued in favour of petitioner.

(2.) Counsel appearing for petitioner has challenged the order passed by Scrutiny Committee on the ground that this Court in W.P. No.3311/2004 (Ajay Likhar Vs. State of M.P. and others) passed order on 17.02.2009 and directed Scrutiny Committee to consider the following facts as under:-

(3.) It is submitted that said directions were not considered by Scrutiny Committee and order was passed without considering said facts. High Level Scrutiny Committee failed to take into consideration that Halba was notified Scheduled Tribe of District Amrawati/of old Madhya Pradesh on issuance of notification dated 09.08.1950. The father of petitioner was resident of Amrawati. In re-organization, Amrawati went to State of Maharashtra. Amrawati became part of Maharashtra for first time on 01.05.1960. Due to re-organization, petitioner father became part of State of Madhya Pradesh and petitioner became resident of Madhya Pradesh for his long stay in Bhopal. Bonafide and genuine caste certificate of petitioner was directed to be cancelled by High Level Scrutiny Committee and therefore, impugned orders dated 09.09.2009 and 02.03.2010 may be quashed.