SUNIL KUMAR PASWAN, SON OF PARMESHWAR PASWAN Vs. STATE OF JHARKHAND THROUGH ITS CHIEF SECRETARY, GOVERNMENT OF JHARKDHAND

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India whereby and whereunder the communication dated 26.04.2018 as contained under Memo No.491 in terms of the recommendation for cancellation of the caste certificate issued in favour of the petitioner is under question in this writ petition.

(2.) It is the case of the petitioner that the caste certificate has been issued by the competent authority certifying therein that he belongs to "Dusadh" caste. In pursuance to the aforesaid caste certificate, he has contested the election of "Mayor" in the year 2010 but no objection has been raised at that time regarding the aforesaid caste and again, in the year 2015 he has contested the election of "Member Panchayat Samiti" and then no objection has been raised, but in the year 2018 he has contested the election of "Mayor", the objection has been raised by the other contestants of the election regarding the social status of the petitioner. The concerned authority, without application of mind has cancelled the caste certificate and merely for formality the same has been sent before the Caste Scrutiny Committee for taking decision and as such the said recommendation cannot be said to be a recommendation rather it is pre-determined hence the same is not sustainable.

(3.) Learned counsel for the State-respondent has submitted that the contention as has been raised by the learned counsel for the petitioner that the communication dated 26.04.2018 is a direction, is not correct in view of the contents stipulated therein to the effect that is a request to take such decision by conducting an enquiry in this regard, therefore, the same may not be said to be a direction rather when the enquiry has been requested to be conducted by the Caste Scrutiny Committee, the petitioner can put forth his case before the said Committee in order to take appropriate decision.