This contempts application challenged the lack of steps taken by the District Level Committee on a directive to verify caste certificates. The Court held that the Committee's order dated 7.9.2018 provided effective decisions, ending the cause of action, and disposed of the application.
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Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4350 of 2018
Applicant :- Paras Nath Opposite Party :- Anil Kumar Singh Counsel for Applicant :- Ram Kumar Gautam
Hon'ble Ajit Kumar,J.
A copy of the order of the District Level Committee dated 7th September, 2018 placed today before this Court is kept on record and learned Additional Chief Standing Counsel is directed to provide a copy of the order of the District Level Committee to the learned counsel for the applicant.
This writ Court while hearing the Public Interest Litigation (PIL) No. 53250 of 2010 had passed the order to the following effect:-
"On the issue of correctness or otherwise of the caste certificate, there has been a government order constituting the District Level Committee, Regional Level Committee and State Level Committee.
In view of the aforesaid, we require the District Magistrate, Kushinagar, who is the Chairman of the District Level Committee, to hold an enquiry and to verify the correctness or otherwise of the certificate already issued to persons KAHAR by caste or whose application is pending consideration. Such determination must take place after affording opportunity to the person concerned. The exercise in that regard must be completed by the District Magistrate within three weeks of the receipt of the certified copy of this order."
The copy of the order was supplied by the writ petitioner to the District Magistrate on 18th January, 2018. This contempt application has been filed with the allegations that in spite of the direction issued by this Court no effective steps have been taken by the District Level Committee to verify the persons who belong to the caste and category of which certificates had to be issued and those who had been issued wrongly their certificates had not been cancelled.
Today, learned Additional Chief Standing Counsel has placed instructions in the matter before this Court bringing on record the copy of the order of District Level Committee dated 7th September, 2018 whereby effective decisions have been taken regarding the caste and category of which the caste certificate has to be issued by the competent authority and the places to which the particular caste belongs. Wrongly issued caste certificates have also been directed to be cancelled. It becomes a matter of individual concern whose certificate has been cancelled or directed to be cancelled and, therefore, such individual may approach the appropriate forum.
In view of the order passed by District Level Committee dated 7th September, 2018, I do not find any cause of action survives to maintain the present contempt application.
The contempt application, therefore, stands disposed of finally.
Consigned to record.
Order Date :- 14.9.2018 Atmesh
2 issues framed by the court
Whether the District Level Committee has taken effective steps to verify caste certificates and cancel wrongly issued ones as directed by this Court.
Whether the contempt application suffers from lack of cause of action given the submission by the District Level Committee order dated 7.9.2018.
Paras Nath
Ajit Kumar
As recorded by the court registry
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