Maheswar Mallik Vs the Collector and Dm, Ganjam — Orissa HC (2024) — LawSathi Research

Maheswar Mallik Vs the Collector and Dm, Ganjam — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty allowed to the petitioner to approach the Appellate Authority against Annexure-2; if the appeal is filed within a fortnight, it shall be entertained by the Collector-cum-District Magistrate, Ganjam (opposite party No.1), who is to dispose of it in accordance with law vis-à-vis the caste status claimed, with a final decision and order preferably within three weeks.

Issue for consideration

Whether the petitioner, whose online caste certificate application was rejected under Annexure-2 despite an earlier manual certificate (Annexure-1) and without any opportunity of hearing, should be directed to the appellate remedy available under Rule 9 of the Orissa Caste Certificate for (Scheduled Caste and Scheduled Tribe) Rules, 1980 rather than being granted relief in this writ petition.

Court's answer

Since the rejection of the caste certificate application under Annexure-2 is appealable under Rule 9 of the Rules, the petitioner should avail the alternate remedy of appeal before the authority concerned, whereby an inquiry may be directed with an opportunity of hearing confronting all the adverse materials found against him.

Ratio / Principle

Any appeal filed by the petitioner within a fortnight against Annexure-2 shall be entertained by the Collector-cum-District Magistrate, Ganjam (opposite party No.1), who is thereafter to proceed and dispose of it in accordance with law vis-à-vis the caste status claimed, followed by a final decision and order preferably within three weeks.

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.20982 of 2023, High Court of Orissa at Cuttack, decided 10.04.2024, R.K. Pattanaik, J.) filed by Maheswar Mallik challenging the intimation under Annexure-2 whereby opposite party No.2 declined to issue a caste certificate applied for online on the premise that the petitioner is a 'Pano' and not 'Kandha' by subcaste, notwithstanding a manual certificate earlier issued (Annexure-1) while disposing of Misc. Certificate Case No. 667 of 1998. It emerged that no opportunity of hearing was afforded before the rejection. Observing that the impugned decision is appealable under Rule 9 of the Orissa Caste Certificate for (Scheduled Caste and Scheduled Tribe) Rules, 1980, the Court disposed of the petition directing the petitioner to avail the alternate remedy of appeal, with liberty to file the appeal against Annexure-2 within a fortnight; such appeal is to be entertained by the Collector-cum-District Magistrate, Ganjam (opposite party No.1), who is to conduct an inquiry with an opportunity of hearing confronting the adverse materials and pass a final order in accordance with law preferably within three weeks.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.20982 of 2023

Maheswar Mallik …. Petitioner

Mr. P.K. Mahapatra, Advocate

-Versus-

The Collector & District Magistrate, …. Opposite Parties Ganjam & others

Mr. D.K. Behera, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

10.04.2024

Heard learned counsel for the petitioner and learned counsel for the State.

Instant writ petition is filed by the petitioner challenging Annexure-2 regarding rejection of issuance of certificate applied online on the premise that he is a ‘Pano’ and not ‘Kandha’ by subcaste, notwithstanding, issuance of a manual certificate issued earlier while disposing of Misc. Certificate Case No. 667 of 1998.

Pursuant to the Court’s order dated 18^th March, 2024, the inquiry report of the R.I. is received by Mr. Behera, learned ASC for the State. In fact, on the strength of the said report, opposite party No.2 has declined to issue any such certificate with intimation under Annexure-2.

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In course of hearing, Mr. Behera, learned ASC for the State would submit that there has been an inquiry and it has led to the decision of opposite party No.2, as per Annexure-2. At the same time, it is drawn to the attention of the Court that the impugned decision under Annexure-2 is appealable in nature as per Rule 9 of the Orissa Caste Certificate for (Scheduled Caste and Scheduled Tribe) Rules, 1980 (hereinafter referred to the ‘Rules’).

Learned counsel for the petitioner submits that notwithstanding Annexure-1, the application for issuance of certificate applied online was rejected by opposite party No.2.

On an inquiry, it is revealed by learned counsel for the petitioner that there has been no opportunity of hearing provided to the petitioner before any such rejection as per Annexure-2.

Since there has been denial in the issuance of caste certificate in favour of the petitioner, notwithstanding it was issued earlier under Annexure-1, the Court is of the view that such rejection of the application, as claimed to be appealable in view of Rule 9 of the Rules, the petitioner should avail the alternate remedy approaching the authority concerned, whereby, an inquiry may be directed with an opportunity of hearing confronting all the adverse materials found against him.

Hence, it is ordered.

In the result, the writ petition stands disposed of with the liberty allowed in favour of the petitioner to approach the Appellate Authority against Annexure-2 and in the event, any such appeal is filed within a fortnight from today, the same shall be entertained by the leaned Collector-cum-District Magistrate,

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Ganjam, namely, opposite party No.1, who thereafter to proceed and to dispose it of as per and in accordance with law vis-à-vis the caste status claimed by him followed by a final decision and order at the earliest preferably within a period of next three weeks.

Urgent certified copy of this order be issued as per rules.

Balaram

Signature Not Verified

Digitally Signed Signed by: BALARAM BEHERA Designation: Personal Assistant Reason: Authentication Location: OHC, CTC Date: 15-Apr-2024 16:49:19

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