The court set aside an order refusing a caste certificate for failing to consider submitted materials and directed a re-hear within eight weeks.
Set aside refusal of caste certificate; directed respondent to re-hear and re-consider matter within eight weeks.
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.
WPMS No. 464 of 2013 Hon’ble Kalyan Jyoti Sengupta, J.
Mr. Pramod Belwal, Advocate for the petitioner.
Mr. Paresh Tripathi, Addl. C.S.C. for the State.
Without calling for any affidavit, I dispose of the writ petition as I feel matter of this nature does not require any affidavit for final decision.
The petitioner has challenged the order refusing to issue caste certificate. I have seen the impugned order and the reasons given in the impugned order is completely contrary to the materials placed in the writ petition. It is also alleged that the writ petitioner produced all materials before the officer concerned who did not consider at all. In that view of the matter, I set aside the impugned order and direct the respondent No. 4 to re-hear and re-consider the matter taking note of the material and judgment passed by this Court. This shall be done without being influenced by his earlier decision. The entire exercise shall
be completed within eight weeks from the date of communication of this order.
(K.J. Sengupta, J.)
Dated 12.03.2013 Shiv
1 issue framed by the court
Whether a caste certificate was falsely refused despite materials submitted by the petitioner.
1 provisions across 1 enactments
The Petitioner
Respondent No. 4
Kalyan Jyoti Sengupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
