- (1.) This writ petition has been filed by one Shambhu Chaudhary challenging the Government Order dated 27.01.2011 and the order dated 28.02.2011 (Annexures 5 & 8 to the present writ petition) with a further prayer to quash the entire proceedings which are pending before the District Magistrate, Kushi Nagar and to issue a computerizsed caste certificate to the petitioner's family in place of old manual caste certificates.
(2.) Facts in short relevant for deciding the controversy are as follows:- Petitioner claims to be Kharwar by caste. By means of a letter dated 23.04.2014 issued by respondent no. 4, information has been given to the persons concerned that a meeting the District Level Caste Scrutiny Committee has been called on 28.04.2014 regarding verification of caste certificates of seven persons who may remain present in the aforesaid meeting. It is admitted to the petitioner that his caste certificate was not under scrutiny and at least no notice in that regard had been issued to him. Petitioner claims to be an M.L.A. elected against a seat reserved for Scheduled Caste on the basis of the caste certificate which was issued to him showing that he was Kharwar by caste which was a Scheduled Caste. We need not enter into the issue of caste certificate which was issued in favour of the petitioner inasmuch as we have been informed that his election was set aside by the High Court in Election Petition No. 02 of 2007 vide judgment and order dated 02.03.2009 reported in 2009 (3) ADJ, 5 on the ground that he does not belong to Scheduled Caste. The matter was taken to the Apex Court by means of Civil Appeal No. 1761-1762 of 2009 which has been allowed and the matter with regard to the caste of the petitioner was directed to be re-examined. The election petition is stated to have become infructuous by efflux of time.
(3.) The petitioner however challenges the very Government Order where-under the District Level Caste Scrutiny Committee as well as Regional Level Committee have been constituted for examining the issued in the matter of caste certificate issued by the subordinate authorities to the District Magistrate.;