RAJENDRA SINGH SALUJA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Writ Appeal under Section 2 of the Madhya Pradesh (Uchcha Nyayalaya Ki Khand Peeth Ko Appeal) Adhiniyam assails the final order dated 21-3-2012 in W.P. No. 6378/2011 [2012 (4) M.P.H.T. 121], whereby while dismissing the writ petition, the learned Single Judge has upheld the findings of the Caste Scrutiny Committee ('CSC' for brevity), whereby the caste certificate of the petitioner/appellant has been cancelled and direction issued to take appropriate action. The facts of the case, in nutshell, are that as per the appellant, his forefathers had migrated from Pakistan to India in 1947 and had settled down in Village Bandala at Amritsar in Punjab, where they lived for four years and, thereafter, shifted from Village Bandala to Village Marki Mahu at Guna in Madhya Pradesh on or about 1950. The appellant was born in Madhya Pradesh while his father was living in Village Marki Mahu at Guna in 1965. In his school record and other records of the Government, the appellant showed himself either a Sikh, Punjabi or Hindu and never represented himself as 'Sansi', a caste recognised as Scheduled Caste both in Punjab and in Madhya Pradesh. A few months before declaration of election of Legislative Assembly in Guna in 2008, he made an application to the Tehsildar, Guna on 20th February, 2008 for grant of a provisional caste certificate to the effect that his caste was 'Sansi'. A provisional caste certificate was issued to him by Tehsildar Guna on 31-5-2008. The temporary caste certificate was issued to him on the basis of report of the Patwari of the concerned area in Guna and the report of the Tehsildar Amritsar, whose report in turn was based upon a Panchnama of the villagers of Village Bundela, Amritsar. Thereafter, the appellant on 3rd June, 2008 submitted an application in prescribed proforma for issuance of a permanent caste certificate and he was, accordingly, issued a permanent caste certificate by SDO, Guna on 8th August, 2008. On the strength of permanent caste certificate declaring the caste of the appellant to be 'Sansi', a caste recognised as Scheduled Caste in Punjabi and in Madhya Pradesh, he contested election as Member of Legislative Assembly from Guna Constituency 029, a seat reserved for Scheduled Caste community in 2008, and won the election, The appellant is, thus, an elected Member of Legislative Assembly of Guna from a Reserved Constituency since 2008. After the election of the appellant, two persons namely, Smt. Sangeeta Mohan Rajak, who was one of the defeated candidates and respondent No. 3-Mr. Komal Prasad Shakya, made a complaint to the concerned authorities of the Government that the caste certificate issued to the appellant is forged and a manipulated one. On this complaint, the Commissioner, Tribal Development forwarded the matter regarding issuance of caste certificate dated 8th August, 2008, for verification to the Caste Scrutiny Committee constituted in terms of directions of the Hon'ble Apex Court in the case of Kumari Madhuri Patil and another Vs. Additional Commissioner, Tribal Development and others, 1994 6 SCC 241. The Caste Verification Committee, upon scrutiny of the matter, vide its impugned order dated 10-8-2011 came to the conclusion that the caste certificate declaring the appellant to be 'Sansi', was issued in an illegal manner without there being any evidence produced by the appellant to substantiate his claim that he is a 'Sansi'. The Caste Verification Committee accordingly directed for cancellation and confiscation of appellant's caste certificate issued to him by SDO, Guna on 8th August, 2008 and recommended for taking disciplinary action against all those Government Officers found responsible in issuance of false caste certificate to the appellant.

(2.) The Learned Senior Counsel of the petitioner/appellant in support of the challenge to the impugned order has primarily raised the following contentions:-

(3.) The arguments advanced by the learned Counsel of the rival parties are heard and the material available on record of the present appeal and as well as of the writ petition has been perused by us.