RENUKA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition under Article 226 and 227 of the Constitution of India, the petitioners have prayed, inter alia, to quash the order dated 14.7.2009 passed by the Director (ST/SC)- cum-Additional Secretary to Government, opposite party no.3, directing the Collector, Bolangir to take action on the order dated 30.6.2009 passed by the State Level Scrutiny Committee. By order dated 30.6.2009, the State Level Scrutiny Committee (hereinafter referred to as "the Committee") came to a conclusion that the petitioners do not belong to Gond Community (Scheduled Tribe).

(2.) The factual matrix of the case is as follows:-

(3.) The petitioners have assailed the self-same order of the Committee, vide Annexure-7, on the ground that the order is an infraction of principle of natural justice inasmuch as no opportunity of hearing was provided to them. Alternatively it is pleaded that service of petitioner no.1 may be protected since she was no way responsible in obtaining the certificate. During pendency of the writ petition, an affidavit was filed on 19.8.2014 by the petitioners wherein it is stated that after dismissal of the writ petition, they have stopped using the caste certificate. At present petitioner nos.3 and 4 are not enjoying any reservation facilities provided by the Government and they will not enjoy the same in future. Thus, the petitioner no.1 may be protected.