SANJAY KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By means of this petition, the petitioner has challenged the appointment of respondent No.5 as Inspector of Police under the Scheduled Tribe-IRDP Category on the ground that the respondent No.5 is not a member of the Scheduled Tribe and has procured a false/forged Scheduled Tribe certificate.

(2.) Notice of this petition was sent to respondent No.5, but he has not appeared. The basic issue in this case is, whether the respondent No.5 belongs to the Scheduled Tribe Category or not. In my view this Court cannot go into this question. The Apex Court in Kumari Madhuri Patil and another Vs. Addl. Commissioner, Tribal Development and others, 1994 6 SCC 241 directed the constitution of Caste Scrutiny Committees with a view to streamline the procedure for issuance of social status certificate, their scrutiny and approval. The Apex Court in para 9 of the said judgment held as follows:-

(3.) Therefore, the Apex Court gave the following directions:-