REKHA DAS Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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(1.) This writ petition under Article 226 of the Constitution of India has been filed challenging order dated 17.01.2012, passed by State Level Scrutiny Committee(SLSC), whereunder the caste status certificate of the petitioner dated 20.09.1980 has been cancelled, observing that the claim of the petitioner that she belonged to 'Mahishya Das' community was not correct and that the caste status certificate dated 20.09.1980 was obtained by misrepresentation. The petitioner also challenged order dated 17.07.2012(Annexure-5 to the writ petition), whereby the petitioner's appointment as a Multi-Purpose Worker (MPW) under the Directorate of Health and Family Welfare was cancelled and she was debarred from pursuing further in the employment.
(2.) Heard learned counsel, Mr. D.K. Biswas for the petitioner and learned Addl. G.A., Mrs. A.S. Lodh for the State respondents.
(3.) According to the petitioner, her forefather belonged to 'Mahishya Das' community. In the year 1957, her father migrated to India from the then East Pakistan and settled at village Dwarikapur under Khowai Sub-Division and she was born on 08.03.1957. She passed Madhyamik in the year 1980 and thereafter she came to learn that she belonged to Scheduled Caste community since her family belonged to 'Mahishya Das' community, and hence she applied for a Scheduled Caste certificate, which was accordingly issued in her favour on 20.09.1980 by the Sub- Divisional Officer, Khowai. She was appointed as a Multi-Purpose Worker (MPW) under the Directorate of Health and Family Welfare, Government of Tripura in a Scheduled Caste category reserved post on 01.12.1986. She was issued a notice on 07.07.2001 from the office of the Sub-Divisional Officer, Khowai as to why her caste status certificate should not be cancelled. Subsequent thereto, the authority engaged Vigilance Cell to inquire into the genuinity of the caste status certificate of the petitioner and the Vigilance Cell submitted a report observing that the petitioner does not belong to 'Mahishya Das' community as claimed by her, and on the basis of that report a show cause notice was issued by the Director of Scheduled Castes & OBCs Welfare, Government of Tripura, and, in response to that show cause notice the petitioner submitted her reply, but the SLSC arbitrarily cancelled the certificate without affording her any opportunity of adducing evidence, etc.;
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