SUNITA JAIN Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) In filing this Writ Petition the petitioner has challenged the impugned order under Annexure-7 passed by the R.D.C.(Southern Division), Berhampur.

(2.) Referring to the impugned order, taking this Court to the nature of allegation and further taking this Court to the special statute created in the Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Act, 2011 and the provisions made therein, Sri Sahu, learned counsel for the petitioner contended that for the clear provisions contained therein, the R.D.C. (Southern Division), Berhampur had no scope for considering such cases. Further, Referring to the provisions contained in Section 6 of the Act referred to hereinabove and for the specific provisions made therein, learned counsel for the petitioner contended that there is a requirement for constituting a scrutiny committee for verification of the caste certificate issued by the competent authority by the notification in the Official Gazette and unless appropriate scrutiny committee is constituted by the competent authority and matter is investigated by such special committee, any other mode adopted is illegal. It is under these premises, learned counsel for the petitioner submitted that the proceeding undertaken by the R.D.C. (Southern Division), Berhampur is not maintainable and therefore, prays this Court for interfering with the impugned order by setting aside the same.

(3.) Learned State Counsel on the other hand, referring to the decision of the Hon'ble Apex Court in the case of Kumari Madhuri Patil & another versus Additional Commissioner, Tribal Department and others, 1995 AIR(SC) 94, for the provisions contained in the Act, 2011 , though not disputed the contentions of the petitioner that the matter should be taken up by the Committee properly constituted under the Act, 2011 but taking this Court to the nature of the allegations and the decisions made therein submitted that for taking reliance of the decision in the case of Kumari Madhuri Patil & another by the R.D.C.(Southern Division), Berhampur, there is no illegality committed by the R.D.C.(Southern Division), Berhampur in entertaining such matters.