- (1.) POONAM Gour D/o Ram Kewal resident of village and post Sihaitpur District Gorakhpur has approached this Court with a request to direct the State Level High Power Caste Scrutiny Committee, to verify the caste certificate of the petitioner of Caste Gond sub Caste Dhuriya in pursuance of the report of vigilance dated 14.06.2011 and to quash the order dated 14.10.2011 passed by State Government, Social Welfare Department wherein State Level High Power Caste Scrutiny Committee has asked the Committee constituted under Chairmanship of District Magistrate, to make inquiry and to submit its opinion to the State Government.
(2.) DURING the pendency of the aforesaid writ petition, petitioner, by means of first amendment application, has proceeded to challenge the validity of report dated 06.08.2013 submitted by District Level Caste Scrutiny Committee, disallowing the claim of the petitioner by accepting petitioner to be belonging from "Gond" caste. Thereafter by means of second amendment application, as the State Level Caste Scrutiny Committee has also taken decision, prayer has been made to quash the order dated 16.08.2013 passed State Level Caste Scrutiny Committee and further prayer has been made to direct the Moti Lal Nehru Medical College, Allahabad to declare the result of MS Course passed by the petitioner in the year 2001, the result whereof has been withheld. 3. Brief background of the case as is emanating from the record in question is that petitioner claims that she belongs to Gond caste sub caste Dhuriya and she has completed MBBS course in the year 1996 from King George Medical College (KGMC) Lucknow. Petitioner submits that she has undertaken Post Graduate entrance examination for obtaining Master's Degree in year 2001 and has been selected to undertake M.S Course from Moti Lal Nehru Medical College Allahabad. Petitioner submits that at the point of time when she has been accorded admission in M.S. Course, prior to it for enabling her to undertake said entrance examination authorities on request of petitioner has issued fresh caste certificate to her showing that petitioner belongs to "Gond" caste. Petitioner submits that thereafter, in the year 2000 her caste certificate in question has been cancelled on 14.3.2000 and in such a situation in this background she was not permitted to undertaken examination and then petitioner filed Civil Misc. Writ Petition No. 11536 of 2000 (Dr. Poonam Gour Vs. Principal, M.L.N. Medical College, Allahabad) and in the said writ petition petitioner has been accorded permission to pursue her M.S. Course. Petitioner submits that said writ petition is still pending and she has completed her M.S. Course but her result has not been declared so far due to non -finalization of issue of her caste certificate.
(3.) PETITIONER submits that in the said direction she has been requesting that her caste status should be cleared and at the said point of time petitioner has gone to the extent of filing Civil Misc. Writ Petition No. 16817 of 2001( Poonam Gour Vs. Collector, Gorakhpur and others) and in the said writ petition this Court has proceeded to pass order directing to make an application before the Chief Secretary, Government of Uttar Pradesh Lucknow and upon such application being made, the Chief Secretary, Government of Uttar Pradesh was asked to refer the matter to the High Powered Committee constituted for determining the nature and status of the petitioners' community as to whether she is covered under the said category or not and to take appropriate decision. Petitioner submits that an application has been moved in the said direction and the copy of the judgement has also been supplied to the Chief Secretary, Government of Uttar Pradesh, Lucknow. Joint Secretary, U.P. Government Social Welfare Lucknow thereafter giving reference of letter dated 05.08.2010 and giving reference of the decision of this Court in Civil Misc. Writ Petition No. 16817 of 2001 dated 09.04.2010 wrote letter addressed to Director, Backward Classes Social Welfare Department Lucknow and mentioned therein that to verify at the Directorate Social Welfare Department there is no vigilance cell constituted to undertake exercise for verification of caste status of Scheduled Caste and Scheduled Tribes candidates as no one of the Home Department is posted therein and accordingly claim of the petitioner should be got examined by the vigilance cell constituted under Directorate meant for Backward Classes and comments be got received.;