SUMITRA SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this appeal, correctness of the order of the learned Single judge dated February 25, 2021 passed in W.P.A. No. 15952 of 2021 (Sumitra Sarkar - versus- State of West Bengal and Ors.) has been questioned by the writ petitioner. This appeal is concerned with the order of the said learned Single Judge who upheld the validity of an impugned order dtd. 21/8/2018 issued by the Sub Divisional Officer, Chanchal cancelling the alleged wrongful issuance of a Scheduled Caste certificate to the writ petitioner/appellant.

(2.) The private respondent no.6 herein had filed a writ petition W.P. No. 10516 (W) of 2018 under article 226 of the Constitution of India challenging the issuance of Scheduled Caste certificate in favour of Smt. Sumitra Sarkar. It came to the notice of the concerned authorities that the writ petitioner Smt. Sumitra Sarkar belonged to sub-caste Tantubaya Tanti under the OBC category. Accordingly, a proceeding under Rule 3(3) of the West Bengal Scheduled Caste and Scheduled Tribe (Identification) Rule 1995 was initiated by the office of the Sub-divisional officer, Chanchal on an urgent basis since the writ petitioner was an elected candidate from Chandrapara-III constituency under Chandrapara Gram Panchayat which was reserved for the Scheduled Caste category.

(3.) Following an enquiry into the said matter, a report was submitted by the Block Development Officer Chanchal, which ascertained that the Scheduled Caste certificate had been wrongly issued in favour of Smt. Sumitra Sarkar. In spite of issuing two separate notices to the petitioner-appellant which informed her to submit the original Scheduled Certificate by 21 st August, 2018 and also to file a reply to show cause as to why the said Schedule Caste certificate would not be cancelled or revoked, she failed to submit the original Scheduled Caste certificate and file any reply to such show cause. Consequently, in terms of Sec. 9(1) of the West Bengal Scheduled Caste and Scheduled Tribes (Identification) Act, 1994 and the Rules framed thereunder, the caste certificate issued in favour of Smt. Sumitra Sarkar being No.WB0601SC201801252 dated 10 th April, 2018 was revoked and cancelled.