UTTAM DAS BAISHANAB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner has challenged the validity of Rule 6 of Tripura Scheduled Castes and Scheduled Tribes (Reservation of vacancies in services and posts) Rules, 1992 (hereinafter to be referred to as "the said Rules") as also an order dated 10.12.2019 passed by the Sub-Divisional Magistrate, Udaipur, Gomati District by which the Scheduled Castes Certificate issued in favour of the petitioner was cancelled.

(2.) Brief facts are as under:

(3.) On the basis of a complaint lodged by one Swapan Sukla Das, questioning the petitioner's Caste certificate, an inquiry was carried out by the department pursuant to which the Sub-Divisional Magistrate, Udaipur issued a notice dated 23.10.2019 to the petitioner to appear before him with original documents in support of his Castes status. He was also allowed to file written statement. As a culmination of the said exercise, the SDM, Udaipur passed impugned order dated 10.12.2019 by which he held that the petitioner did not belong to Scheduled Castes (Dhoba) community. He consequently cancelled the petitioner's Caste certificate issued on 31.01.1991. This order the petitioner has challenged on merits as well as the very jurisdiction of the SDM to pass the order. It is in this context, the petitioner has challenged validity of Rule 6 of the said Rules under which the SDM has passed the said order. We have heard learned counsel for the parties for final disposal on the limited question of validity of Rule 6 of the said Rules.