AJAY LIKHAR Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-4-13
HIGH COURT OF MADHYA PRADESH
Decided on April 08,2021

Ajay Likhar Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

Vishal Dhagat,J. - (1.) Petitioner has filed this writ petition challenging order dated 09.09.2009 passed in Case No.221/09 by respondent No.1. By order dated 09.09.2009, High Power Scrutiny Committee passed order to cancel Scheduled Tribe Certificate of caste Halba issued in favour of petitioner. Thereafter, direction has also been issued to Collector, Superintendent of Police for cancellation of caste certificate issued in favour of petitioner.
(2.) Counsel appearing for petitioner has challenged the order passed by Scrutiny Committee on the ground that this Court in W.P. No.3311/2004 (Ajay Likhar Vs. State of M.P. and others) passed order on 17.02.2009 and directed Scrutiny Committee to consider the following facts as under:- "(i)That district Amrawati which was in the erstwhile State of Madhya Pradesh was excluded from the State of Madhya Pradesh and included in the State of Bombay by the State Re-Organization Act, 1956 and the father of the petitioner Anand Baliram was a resident of Amrawati District. At the time of issuance of President's notification under the Constitution (Scheduled Tribes) Order 1950 caste Halba was declared as Scheduled Tribe, both in the State of M.P. and State of Bombay (subsequently formed as State of Maharashtra). (ii) That the father of the petitioner was given status of Scheduled Tribe since 1960 in the State of Madhya Pradesh after disclosing all the facts including the fact that he belongs to Amrawati District of erstwhile Madhya Pradesh. (iii)That the Committee had not considered the considerations for specifying Halba caste as tribe in the State of Maharashtra and also in the State of Madhya Pradesh. If considerations are same then the Committee ought to have considered whether the petitioner was entitled for the benefit of same caste in Madhya Pradesh or not. All these aspects deserve to be re-considered by the Committee, constituted following the directions of the Apex Court in Kumari Madhu Patil."
(3.) It is submitted that said directions were not considered by Scrutiny Committee and order was passed without considering said facts. High Level Scrutiny Committee failed to take into consideration that Halba was notified Scheduled Tribe of District Amrawati/of old Madhya Pradesh on issuance of notification dated 09.08.1950. The father of petitioner was resident of Amrawati. In re-organization, Amrawati went to State of Maharashtra. Amrawati became part of Maharashtra for first time on 01.05.1960. Due to re-organization, petitioner father became part of State of Madhya Pradesh and petitioner became resident of Madhya Pradesh for his long stay in Bhopal. Bonafide and genuine caste certificate of petitioner was directed to be cancelled by High Level Scrutiny Committee and therefore, impugned orders dated 09.09.2009 and 02.03.2010 may be quashed.;


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