SATYA RANJAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS mandamus appeal is at the instance of the writ petitioners and is directed against the Order dated 30th June, 2005 passed by a learned Single Judge of this Court by which His Lordship dismissed the writ application filed by the appellants wherein they challenged the writ application filed by the appellants wherein they challenged two identical notices both dated May 18, 2005 issued by the Sub-Divisional Officer, Kandi, murshidabad, in terms of the provisions of Rule 3 (2) of the West Bengal scheduled Castes and Scheduled Tribes (Identification) Rules, 1995 asking them to deposit, the caste certificates earlier issued to them as he being prima facie satisfied has decided to start proceeding in terms of Rule 3 (1) for cancellation of those certificates earlier issued.

(2.) IT appears from record that subsequently a further notice has also been issued in terms of Rule 3 (3) asking them to show-cause why the caste certificates earlier issued to them should not be cancelled on the ground that the writ petitioners belonged to Kaibortya and were traditionally engaged in cultivation and as such, they did not belong to the Scheduled Castes. The further allegation was that the caste certificates were obtained by misrepresenting the actual fact and by suppressing the material information that they did not belong to the Scheduled Castes community.

(3.) AS pointed out earlier, instead of complying with the direction, the writ petitioners have straightaway come up with the application under Article 226 of the Constitution of India challenging the legality of such notice.