SIKHA DEVI @ SHIKHA PAWAR Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
Sikha Devi @ Shikha Pawar
STATE OF UTTARAKHAND
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B.S.VERMA, J. -
(1.) HEARD learned counsel for the parties.
(2.) BY means of this writ petition the petitioner has sought a writ in the nature of certiorari quashing the order dated 11.11.2011
passed by the respondent no.2 (Annexure 6 to the writ petition), whereby
Up Ziladhikari Haridwar has cancelled the Caste Certificate of Banjara
caste, which was issued on 13.1.2011 in favour of the petitioner on the
ground that she belongs to Swarn Rajput.
(3.) ACCORDING to the petitioner, the father of the petitioner was a member of Banjara backward class and the stand has been taken by the
respondents in the counter affidavit is that the mother of the petitioner
belongs to Swarn Rajput and the father of the petitioner namely Munshi
Ram was also Swarn Rajput.
Learned counsel for the petitioner has contended that the impugned order has been passed without giving opportunity of hearing to
the petitioner and that the same has been passed by the Up Ziladhikari
Haridwar, who had no authority to cancel the caste certificate. Learned
counsel further submitted that only Tehsildar is the competent Officer to
pass the impugned order under Uttar Pradesh Public Services (Reservation
for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Act,
1994 or in view of the Apex Court verdict in the case of Kumari Madhuri Patil and another Vs. Addl. Commissioner, Tribal Development and others
reported in [(1994) 6, Supreme Court Cases, 241] the matter can be dealt
with by the Scrutiny Committee. Learned counsel for the petitioner has
placed reliance upon the judgment of this Court in Writ Petition No. 1714
of 2007 (M/S), Prakash Beer and others Vs. State of Uttarakhand and
others (leading WPMS No. 1699 of 2007), decided on 25.9.2007.;
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