JIT LAL RAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order, as contained in Annexure-18, by which the application for issuance of Caste certificate showing the petitioner as the caste of 'Ghatwar', has been rejected.

(2.) It is the case of the petitioner that the caste certificate was issued in favour of the petitioner showing him of the 'Ghatwar' caste, but, since he belongs to the area pertaining to the Santhal Pargana province, wherein, the competent authority, while issuing the said Caste certificate has considered the survey settlement of the district of Mango, whereby and whereunder 'Ghatwar' caste is treated to be the sub-caste of the 'Bhumij', but the said caste certificate has been rejected vide impugned order (Anneure-18) without assigning any reason and therefore, the instant writ petition.

(3.) Mr. Rajendra Krishna, learned counsel appearing for the petitioner has assailed the aforesaid order on the grounds, firstly that before cancelling the caste certificate, no show cause notice has ever been issued to the petitioner as also without any reason, therefore, the rejection order is in violation of the principles of natural justice and secondly before taking decision to reject, if the competent authority ought to have referred the matter before the Caste Scrutiny Committee, as has been decided by the Hon'ble Apex Court in the case of Kumari Madhuri Patil and Another-Vs.-Additional Commissioner, Tribal Development and others, 1994 6 SCC 241 , hence, the impugned order is not sustainable in the eyes of law.