Decided on February 24,2012

State of Uttarakhand and others Respondents


- (1.) HEARD learned counsel for the parties on admission of the appeal and being satisfied that substantial questions of law have been raised in the appeal, we admit the same.
(2.) AS it appears to us, an innocuous prayer was made in the writ petition, which was allowed by the judgment and order under appeal, that the order passed by the scrutiny committee dated 19th March, 2010 be quashed for the reasons indicated in the writ petition. Since the said prayer has been allowed, the order dated 19th March, 2010 passed by the scrutiny committee has been quashed. By that order dated 19th March, 2010, scrutiny committee upheld the contention of the appellant that the caste certificates issued in his favour in the years 2003 and 2008 showing that he belongs to the caste known as "Dhiver" were correctly issued. By the judgment and order under appeal it has been declared that the appellant shall not be given benefit of the said caste certificates. While considering the report of the scrutiny committee, a glaring factual error was committed by the learned Judge as appears from paragraph 7 of the judgment, where it has been mentioned that in the caste certificate of the son of the appellant his caste was shown as "Kashyap", whereas, in fact, his caste was shown as "Dhiver". Furthermore, it does not appear from the judgment and order under appeal that any attempt was made to pinpoint the mistake, if any, committed by the scrutiny committee while passing the order dated 19th March, 2010.
(3.) PRIMA facie, we are, therefore, of the view that the appellant has a good chance of succeeding in the appeal and taking into account the balance of convenience and inconvenience, i.e. by reason of the said declaration the appellant would be non -seated from his seat of Chairman of the concerned Municipality, we stay the impugned order until the appeal is heard and decided. It shall be open to the parties to mention for fixation of an early date of hearing of the appeal.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.