LAWS(MPH)-2019-3-215

SAJO MOGIA Vs. STATE OF M.P.

Decided On March 18, 2019
Sajo Mogia Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed challenging the cancellation of the caste certificate issued by the Sub-Divisional Officer, Revenue, Tahsil Gird, District Gwalior.

(2.) It is submitted by the counsel for the petitioner that once the caste certificate has been issued, then the same cannot be cancelled by the authorities and if the authorities are of the view that it is required to be cancelled, then the matter has to be referred to the High Level Scrutiny Committee, which has been constituted in compliance of the directions passed in the case of Madhuri Patil v. Add. Commissioner Tribal Welfare reported in AIR 1995 SC 94 .

(3.) Per contra, it is submitted by the counsel for the State that no illegality has been committed by the respondents thereby cancelling the caste certificate issued in favour of the petitioner. However, it is fairly conceded by the respondents that High Level Scrutiny Committee has been constituted in compliance of the order passed by the Supreme Court in the case of Madhuri Patil (supra).