MAHENDRA SINGH BATHAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Regard being had to similitude of the dispute and since common question is involved in both the writ appeals, therefore, they are being heard analogously and decided by this common judgment. For factual clarity, facts of Writ Appeal No.450/2026 are taken into consideration.

(2.) The present writ appeal (Writ Appeal No.450/2026) under Sec. 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyyaypeeth Ko Appeal) Adhiniyam, 2005 is preferred by the appellant being crestfallen by the order dtd. 28/1/2026 passed by learned Single Judge in writ petition No.30183/2025 (although wrongly the order passed in W.P.No.30444/2025 is filed) whereby the writ petition preferred by the appellant (hereinafter referred to as the petitioner) has been dismissed.

(3.) Matter pertains to validity/invalidity of caste certificate. The SDO, Gwalior issued a caste certificate, certifying that petitioner belongs to Manjhi caste (Scheduled Tribe). On the strength of that caste certificate, petitioner was appointed as Pharmacist Grade -II in Public Health and Family Welfare Department at Shivpuri vide order dtd. 16/3/2016 against a vacancy reserved for the Scheduled Tribe category. In the appointment process, all educational testimonials as well as the caste certificate of the petitioner were allegedly verified by the competent authorities. However, on the basis of complaint made by one Gaurishankar Rajput, matter was enquired into and FIR at crime No.07/2025 for offence under Ss. 420, 468, 471 and 120-B of IPC was registered against the petitioner and thereafter vide notice dtd. 15/7/2025 petitioner was asked to produce all the documents having material bearing in the matter. From time to time, General Administration Department, Government of Madhya Pradesh issued instructions governing the verification of social status of candidates belonging to the Manjhi community. Registration of aforesaid FIR was called in question by the petitioner before learned Writ Court but the same was dismissed, therefore, the present appeal.