- (1.) THIS petition seeks to challenge of the orders dated 10 February 2014 and 8 February 2011 passed by Tehsildar, Tehsil Rampur Maniharan, District Sahanranpur by which the caste certificates issued to petitioner Nos. 1 and 2 have been cancelled.
(2.) A Division Bench of this Court while hearing the Public Interest Litigation (PIL) No. 1396 of 2011 issued the following directions on 12 January 2011 for constitution of a Committee to examine the validity of caste certificates and the directions are: "In the State of U.P., it appears that there is only one Committee to consider the caste certificates. There appears to be no mechanism by which caste certificate issued by the Tehsildar/Deputy Collector/District Magistrate is to be verified. The reserved post or admission in professional colleges are only meant for those who are entitled to. Utmost care should be taken to see that a person who claims admission/appointment is a genuine person and not a person who has got admission/appointment on a certificate which may be false or fabricated. It is impossible to accept that in the State of U.P. that one committee will do the entire exercise. Considering the above, the respondents to produce the following materials before this Court: Firstly, as to whether the Committees had been constituted in terms of the Government Order dated 5.1.1996 for SC/ST/OBC and the Constitution of the Members, including the nominated members. Secondly, whether the Vigilance Cell has been attached to the Committee, the strength of the Vigilance Cell and the persons selected for the Vigilance Cell. Thirdly, since the inception, the number of caste certificates which have been scrutinized by the Scrutiny Committee. Apart from that, the State Government also to place before this Court, considering the population of SCs, STs and OBCs in the State of U.P., the need to have such Scrutiny Committees at District Level so that all caste certificates issued in respect of which admissions have been obtained against reserved category posts/seats that these persons who occupy are genuine persons." The State Government issued a Government Order dated 28 February 2011 by which, for scrutiny of caste certificate, a Committee at the District Level has been constituted under the Chairmanship of the Collector.
(3.) ANOTHER Division Bench decision of this Court in Hizwana Bano v. State of U.P. & Ors. : 2011 (1) ADJ 440 considered in detail the entire mechanism regarding verification of caste certificate. It observed that the authority issuing the caste certificate may not assume jurisdiction to cancel the caste certificate except in cases of fraud appointment on the face of the record. The observations made in paragraph Nos. 8, 9 and 11 are as follows: "In Kumari Madhuri Patil (supra), the relevant directions of the Supreme Court are contained in direction Nos. 4 to 9. In other words, the caste certificate issued in terms of direction No. (1) to be valid, can only be verified by the Committee and not by the Revenue Officers, like Sub -Divisional Officers, Deputy Collector or Deputy Commissioner, in the present case, the respondent No. 2. The respondent No. 2, for the purpose of granting a caste certificate, has to consider what has been set out in para 3 of the Government Order, which is in consonance with the direction No. 2 of the directions issued by the Supreme Court in Kumari Madhuri Patil (supra). It is only in the event, the respondent No. 2 is satisfied, based on the material produced before him that the applicant belongs to the caste/tribe, then only the certificate would be verified. Once that be the procedure, it is not open to the respondent No. 2 to assume jurisdiction to cancel the caste certificate except may be in a case of fraud on the face of the record, as fraud vitiates all actions. Respondent No. 2, therefore, ordinarily would have no jurisdiction to reconsider the issuance of the caste certificate and pass orders cancelling the certificate or otherwise. When a complainant contends that a caste certificate was wrongly issued or obtained by suppressing facts or the like, then in that event, it would be open to the complainant, even if the complainant is a stranger as long as his rights are affected, to move the Caste Scrutiny Committee, to verify the caste certificate by setting out the reasons and objections as to why the caste certificate should not be verified. Para 3 of the Government Order would show that verification is not only with regard to admission in any educational institution or appointment in any service but also for other reasons. Therefore, whenever a person seeks to rely on a caste certificate for claiming any benefits, he would be entitled to, then in that event, if a complainant intervenes to oppose the verification of such caste certificate or independently applies before the Caste Scrutiny Committee, the procedure for verification shall be followed and necessary orders shall be passed by the Committee after following due procedure. If the issue is now considered in the light of the above discussions, it would be clear that the respondent No. 2 would cease to have jurisdiction, once the caste certificate was issued. The Tehsildar in these circumstances would have no authority to recall or cancel the same, except may be in a case of fraud. Respondent No. 2, however, would have the power to correct clerical or artificial mistakes. The jurisdiction to verify the caste certificate and whether it should be validated or invalidated is of the Caste Scrutiny Committee.";