BINAYAK DIGAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Mishra, learned advocate appears on behalf of petitioner and submits, impugned is final order dtd. 28/1/2013. He demonstrates from relevant materials disclosed in the writ petition that there never was issued a caste certificate to his client. Question of declaring fake a non-existent caste certificate cannot arise. Consequently, other directions made in final order are illegal and the entire order passed with material irregularity. He relies on view taken by this Bench on judgment dtd. 2/12/2022 in WP(C) no.1003 of 2010 (Pinas Digal v. State of Odisha and others), paragraph-2. The paragraph is reproduced below.

(2.) He draws attention to impugned final order and submits, purported finding is that his client forged his caste identity. Relied upon impugned final order, appearing in paragraph 4 therein, is extracted and reproduced below.

(3.) Ms. Pattanayak, learned advocate, Additional Government Advocate appears on behalf of State and submits, petitioner obtained job as teacher in a Government school by claiming to belong to a Scheduled Caste. He was born into a Christian household. She draws attention to admission made by petitioner, as appearing in the enquiry report. Relied upon passage in the report is reproduced below.