The High Court dismissed writ petitions challenging the cancellation of the petitioner's OBC certificate by the High Power Caste Scrutiny Committee and a show cause notice issued by the Collector. The Court held that the Committee's finding of fact regarding the petitioner's caste status was not interfere-able.
Both writ petitions were dismissed.
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.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 3663 of 2008
---- Petitioner
Versus
---- Respondent WPC No. 38 of 2017
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Chhattisgarh
---- Respondent
For Petitioner : Shri B.P. Sharma with Shri Hari Agrawal, Advocates. For Respondent/State : Shri AS Kachhawaha, Additional AG. For Respondent No.8 in WPC 38/17 : Shri Neeraj Pradhan, Advocate.
Hon'ble Shri Justice Prashant Kumar Mishra
C A V Order
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Kharij Register of Boys Primary School, Rajim where the petitioner got admitted on 1.8.1969 is carrying an entry in respect of the petitioner's caste status showing that he belongs to “ Maratha ” community. Similarly, in Misal Bandobast of 1930-31 of village Kondkera, Rajim, caste status of his ancestor (Kundu, Wd/o Narayan Rao Mahadik) is also mentioned as “ Maratha ”.
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and the authorities cannot be restrained from proceeding ahead with the matter.
Sd/Judge (Prashant Kumar Mishra)
Barve
3 issues framed by the court
Whether the High Power Caste Scrutiny Committee exceeded its jurisdiction in cancelling the petitioner's OBC certificate for lack of proof of Kunbi community membership.
Whether the Collector could proceed under the Chhattisgarh Panchayat Raj Adhiniyam for obtaining a false caste certificate after cancellation.
Whether the finding of fact by the Committee regarding the petitioner's caste status is amenable to writ jurisdiction under Article 226.
Colour shows how this judgement treated each authority
Director of Tribunal Welfare, Government of Andhra Pradesh Vs. Laveti Giri and AnotherRelied on¶36
AIR 1995 SC 1506 · Who else cites this
Raghoba Mahadik
State Of Chhattisgarh
Justice Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
