Petitioner challenged orders of District and Divisional Caste Scrutiny Committees. Court granted liberty to approach State Level Committee and disposed of petition without adjudicating merits.
Liberty granted to petitioner to represent cause before State Level Caste Scrutiny Committee; petition disposed off.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 40
Case :- WRIT - C No. - 10608 of 2021
Petitioner :- Mahendra Kumar Gupta Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Nikhil Kumar,Prashant Kanha Counsel for Respondent :- C.S.C.,Avinash Tiwari
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
The petitioner is aggrieved with the order dated 11.01.2021 passed by the Divisional Level Caste Scrutiny Committee and the order dated 30th April 2020 passed by the District Level Caste Scrutiny Committee.
On 20th July, 2021, when the matter was last taken up, the learned Standing Counsel had raised a preliminary objection by stating that the petitioner can represent his grievance to the State Level Caste Scrutiny Committee in view of the Government Order dated 28.02.2011.
The learned counsel for the petitioner submits that the said Government Order only provides that the State Level Committee shall continue to exist but it does not specifically provide for right of an appeal to it.
Learned Standing Counsel has produced copy of the Government Order dated 28.02.2011.
In paragraph 5 of the said Government Order, it is provided that despite constitution of the District Level Committee and the Divisional Level Committee (appellant no.1), the State Level Committee shall continue to perform its functions/duties.
As the State Level Committee can examine the correctness of the decision of the Divisonal Level Committee as well as the District Level Committee, we deem it appropriate to dispose off this petition by giving liberty to the petitioner to represent its cause to the State Level Committee that continues to exist under the Government Order dated 28.02.2011.
With the aforesaid liberty, the petition is disposed off .
Order Date :- 5.8.2021 Sunil Kr Tiwari
Mahendra Kumar Gupta
State Of U.P.
4 Others
Manoj Misra
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
