SRIDHAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Routray, learned senior advocate appears on behalf of petitioner. He begins with drawing attention to order dtd. 12/1/2023 to point out record therein, inter alia, of his submission that his client was given appointment in Un-Reserved (UR) category. There is no dispute in regard thereto is his further submission. He also points out from said order that there has been dismissal of his client from service, in spite of interim order obtained in the writ petition. His client has filed application for amendment of the writ petition, to include in the challenge, the dismissal order.

(2.) He draws attention to Orissa Caste Certificate (for Scheduled Caste and Scheduled Tribes) Rules, 1980. He relies on rules 6, 8 and 9. He points out from sub-rule (5) in rule 6 that the Tahsildar is a competent authority for purpose of issuance of caste certificate. His client's caste certificate was issued by the Tahsildar. Next he draws attention to sub rules (3) and (5) in rule 8, regarding provision for termination of service on basis of false claim regarding caste certificate and liability of the authority to have issued such a certificate.

(3.) Regarding rule 9 he submits, any person aggrieved by an order passed by competent authority sub-ordinate to that of District Magistrate/Collector may appeal to the latter and to concerned Revenue Divisional Commissioner. Cancellation of his client's caste certificate by the State Level Scrutiny Committee on declaration that his client's caste certificate is fake was in proceeding initiated on complaint made by opposite party no.11. Against issuance of the caste certificate, said opposite party had preferred appeal, registered and numbered as Caste Appeal no.1 of 2013. Annexure-9 in the petition is copy of petition filed by said opposite party/complainant, for withdrawing the appeal. He lays emphasis on paragraph 4 of the petition, extracted and reproduced below.