Case Law Details
District-level Caste Scrutiny Committee had no jurisdiction to revoke caste-status of candidate as on 16-12-2003
1. This petition is directed against the order Annexure P-32 whereby the District Level Caste Scrutiny Committee has revoked the caste certificate issued in favour of the petitioner on 10-10-1991 by the Collector, Durg, holding that she does not belong to Scheduled Tribe as notified and therefore she is not entitled for the caste certificate.
2. This writ petition has been filed mainly on the ground that the District Level Caste Scrutiny Committee constituted by the State is contrary to the law laid down by the Supreme Court in the matter of Madhuri Patil v. Addl. Commr., Tribal Development1 as well as Madhuri Patil v. Addl. Commr., Tribal Development2 and therefore the order passed by the District Level Caste Scrutiny Committee revoking the caste certificate of the petitioner is per se illegal and without authority of law.
3. The State has filed return justifying the revocation of caste certificate of the petitioner by the District Level Caste Scrutiny Committee.
4. Mr. V.G. Tamaskar, learned counsel appearing for the petitioner, would submit that after decision of the Supreme Court in Madhuri Patil (supra), only the High Power State Level Committee is empowered to decide the caste status of the petitioner and it could not have been decided by the District Level Committee which had no jurisdiction to decide the status of the petitioner. Therefore, the impugned order deserves to be set aside.
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