The court ordered that the petition be placed before a Full Bench to decide issues regarding the procedure for grant of caste certificates and remedies against rejection, ensuring uniformity with other pending similar matters.
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Court No. - 2
Case :- WRIT - C No. - 9648 of 2024
Petitioner :- Surendra Kumar Vishwakarma And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Social Welfare And 4 Others Counsel for Petitioner :- Raghvendra P. Singh,Mohd. Sheraj Counsel for Respondent :- C.S.C.
Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.
The Government Orders issued by the State Government in pursuance to the decision of Hon'ble Supreme Court in the case of Kumari Madhuri Patil and another Vs. Additional Commissioner,Tribal Development and others, (1994) 6 SCC 241 is engaging attention of a Full Bench of this Court and a reference has been made in Writ-C No. 3852 of 2022 (Smt. Asiya Vs. State of U.P. and others). In this case, application for grant of caste certificate has been rejected by the Tehsildar.
Learned Standing Counsel says that an appeal lies against such rejection under Section 6 of the U.P. Janhit Guarantee Act,2011.
Shri Sharad Pathak, learned counsel, who is appearing before the Full Bench, a member of the Bar, says that in fact against such rejection, the remedy would be before the District Level Caste Scrutiny Committee. There cannot be two separate channels with regard to same subject.
We are of the opinion that this matter be also heard by the Full Bench where similar issues are engaging attention, so that the entire gamut of issues which are involved with regard to the procedure prescribed for grant
of caste certificate as also the procedure prescribed for availing remedies against rejection or cancellation of such certificate is concerned, be decided by the Full Bench itself.
We therefore, direct the Registry to place this matter before Hon'ble Chief Justice for appropriate orders for placing this petition before the Full Bench.
(Brij Raj Singh, J.) (Rajan Roy,J.)
Order Date :- 13.11.2024 dk/
Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petition should be heard by a Full Bench to decide the procedure for grant of caste certificate and remedy against rejection.
Colour shows how this judgement treated each authority
Kumari Madhuri Patil and another Vs. Additional Commissioner,Tribal Development and othersReferred¶5
Kumari Madhuri Patil and another Vs. Additional Commissioner,Tribal Development and others, (1994) 6 SCC 241 · Who else cites this
Surendra Kumar Vishwakarma
Another
State Of U.P.
Prin. Secy Deptt of Social Welfare
4 Others
Rajan Roy
Brij Raj Singh
As recorded by the court registry
2 orders share this CNR
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