- (1.) THE appeal is directed against the judgment of the learned Single Judge whereby the learned Single Judge has allowed the writ petition filed by the respondent -petitioner in relation to the dispute of cancellation of his caste certificate by the Divisional Level Committee and has issued directions to conduct a fresh inquiry according to the procedure as provided in the case of Kumari Madhuri Patil Vs. Additional Commissioner, Tribal Development and others, 1995 AIR(SC) 94 read with the Government Order issued by the State dated 6.1.1996.
(2.) A complaint dated 30.10.2010 was filed against the respondent -petitioner by the appellant in relation to the caste certificate on the basis whereof the respondent -petitioner had been elected as Gram Pradhan of the village in question under the provisions of the U.P. Panchayat Raj Act, 1947.
(3.) THE said complaint was entertained by the Sub Divisional Officer before whom a report was submitted by the Tehsildar dated 6.6.2011 indicating that the respondent petitioner was of 'Pathan' caste and not 'Qureshi'. The respondent petitioner had been elected on the basis of a caste certificate of 'Qureshi' which is of the other backward category. This complaint as to whether the respondent petitioner was of 'Qureshi' caste or 'Pathan' caste was referred to the District Level Caste Scrutiny Committee, Pratapgarh. In terms of the Government Order dated 28.2.2011, the District Level Committee found that the Tehsildar, who had submitted his report, had not examined certain documents relating to the revenue extracts, and that in different revenue records, different castes had been indicated. Consequently, the District Level Committee rejected the complaint and refused to cancel the same. Aggrieved, the appellant filed an appeal before the Divisional Level Caste Scrutiny Committee as per the Government Order dated 27.1.2011 and vide order dated 13.6.2014 it was held that the District Level Committee had not conducted a proper inquiry into the matter and relying on certain evidence the appeal was allowed and the order of the District Level Committee was set aside. Consequently, the respondent -petitioner filed Writ Petition No.4964 of 2014 which is one of the writ petitions giving rise to the present appeal.;