Disposed

B. Jothy Shankar v. Govt of NCT of Delhi & Ors.

Delhi HC16 Aug 2024W.P.(C)/147/2021

Case brief

AI extract

What is this about?

Petitioner sought SC certificate as Delhi domiciliary but had certificate from Tamil Nadu. Report by TN authorities doubted genuineness. Court directed SDM to re-verify and directed petitioner to reapply with documents.

What did the court decide?

Petitioner directed to reapply for caste certificate on GNCTD portal; SDM Dwarka to verify documents and seek verification from Tamil Nadu authorities.

B. Jothy Shankar Vs Govt of NCT of Delhi & Ors. — Pension and Retirement Benefits | Delhi HC (2024)

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$~9

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 147/2021

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B. JOTHY SHANKAR .....Petitioner

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Through: In person.

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versus

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GOVT OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Tushar Sannu, Advocate for GNCTD.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA

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The Petitioner asserts that he belongs to Schedule Caste (“SC”) category and places reliance upon a Caste Certificate issued by the Government of Tamil Nadu vide certificate No. 3128080 (D.Dis.C5/35937/90) dated 11^th December, 1990.

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The Petitioner is domiciled in the State of NCT of Delhi and is presently living at Dwarka, New Delhi. He accordingly applied for a Caste Certificate with Government of NCT of Delhi (GNCTD). The guidelines framed by the Revenue Department, GNCTD for issuance of such a certificate to persons who have migrated and settled in Delhi, but are not listed as SC in Delhi, reads as follows:

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“7. Case III: Migrated & Settled (but not listed as SC in Delhi) with Certificate

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Applicant whose family migrated to Delhi after 1951 and settled/domiciled in Delhi and belongs to a Caste which is notified as SC/ST in the State of origin

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W.P.(C) 147/2021 Page 1 of 4

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2024 at 12:58:20

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but not in Delhi;

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AND

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Where a Caste Certificate has been issued to these SC/ST applicants

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Applicant will be eligible for Other State SC/ST certificate

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Following Mandatory documents would be required:

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1. Completed application form

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2. Copy of the Caste Certificate of the relative from paternal side issued from Delhi or State of origin of the applicant.

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3. Proof of relationship of the applicant with caste certificate holder.

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4. One photo ID proof as per s.no. 1 or 2 or both and

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5. One residential proof as per s.no. 3”

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As per the above requirements, the Petitioner is required to furnish a copy of the Caste Certificate of the relative from paternal side issued from the State of origin of the applicant. To this effect, the Petitioner furnished the Community/ Caste Certificate referred above. In accordance with the guidelines referred above, the SDM, Dwarka, proceeded to verify the genuineness of this caste certificate furnished by the Petitioner from the authorities at Chengalpattu, Tamil Nadu. In response, a report was received from the District Collector, Chengalpattu dated 16^th February, 2021, which doubted the genuineness of the caste certificate in question and cited several reasons for the same. On the basis of this negative report, the SDM is not in a position to issue a certificate to the Petitioner.

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The Petitioner contends that the verification was not properly done by the District Collector, Chengalpattu and the certificate furnished by him is indeed a genuine one. The Petitioner submits that the Petitioner’s relatives can easily confirm the Petitioner’s caste. The details of such relatives have been delineated in the rejoinder to the following effect:

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W.P.(C) 147/2021 Page 2 of 4

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“16. It is humbly submitts before the Hon’ble Court that on 30-12-2022 the Petitioner visited his Father's native village where (Late) Mr.P.Balaram was born at No.68, Maettu theru, Athur, Dhimavaram, Chengalpattu, Tamilnadu and met his relatives

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AND

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THE FOLLOWING ARE THE LIST OF THE PETITIONER'S RELATIVES INFORMATION ;

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a) Late Athur Mr. Vilvanathan (Driving Inspector) wife Mrs. Thenmozhi, Daughter Chitra Mobile no. 9715111079 (Nine seven one five one one one zero seven nine) (Ten digits-rechecked due to Cyber Torture Deletion in offline mode) Vilwa Provisional stores No.68, Thenpathi roadu theru, Athur, Chengalpattu, Tamilnadu. (State Highway no.58 road which connects Chengalpattu district to Kanchipuram district)

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b) Mrs. Kanchana D/o Thaiyanonar No.68/15, Maettu theru, Athur Madhura Dhimavaram, Chengalpattu, Tamilnadu.Son Mr. Anbazhagan. (village old name - Kollamedu) This house is located next to Government Horticulture office also known as Pazhathottam, opposite to Tamilnadu Govt's Fisheries Department office. (State Highway no.58 road which connects Chengalpattu district to Kanchipuram district)

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c) Mr. Jeeva Mobile no.8883736444 (Eight eight eight three seven three six four four four) (Ten digits rechecked due to Cyber Torture Deletion in offline mode) S/o Murugasen and Grandson of Late Mr. Kanniappan residing at No.47/1, Maettu theru, Athur Madhura Dhimavaram, Chengalpattu, Tamil nadu. Maettu Street & Thoppu Street corner house (village old name - Kollamedu) This house is located next to Government Horticulture office also known as Pazhathottam, opposite to Tamil nadu Govt's Fisheries Department office. (State Highway no.58 road which connects Chengalpattu district to Kanchipuram district) The Chengalpattu District, Kattangulathur Panchayat Union, Athur-B Village Panchayat, Delimitation of Village Panchayat Proposed Ward Map as per 2011 Census Population.”

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[sic.]

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At this juncture, the Petitioner states that he would be satisfied in case the Court were to direct the concerned authorities of the State of Tamil Nadu to re-verify the caste/ community certificate furnished by the Petitioner after carrying out a fresh inspection.

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Accordingly, the present petition is disposed of with the following

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W.P.(C) 147/2021 Page 3 of 4

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directions:

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6.1. The Petitioner shall reapply for the caste certificate on the portal of the Government of NCT of Delhi and furnish all necessary supporting documents with the same.

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6.2. The SDM Dwarka shall carry out verification of the Petitioner’s documents and seek verification of the caste certificate relied upon by the Petitioner from the concerned State authorities of Tamil Nadu. The copy of this order shall also be communicated by SDM Dwarka while seeking verification of the Petitioner’s documents.

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6.3. Subject to such verification, SDM Dwarka shall then take a final decision on the Petitioner’s application in accordance with law.

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With the above directions, the petition is disposed of.

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SANJEEV NARULA, J

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AUGUST 16, 2024 nk

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W.P.(C) 147/2021 Page 4 of 4

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2024 at 12:58:20

B. Jothy Shankar v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

B. Jothy Shankar v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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