- (1.) Heard learned counsel for the parties.
(2.) The father of the petitioner, Late Ram Govind Prasad was proceeded with on the allegation that he had claimed himself to be a member of Schedule Caste when he was 'Sonar' by caste and belonged to other backward class category. At that point of time, Ram Govind Prasad was getting pension from the State Government. His pension was stopped. The father of the petitioner filed Writ Petition No. 31868 of 2004, challenging the order dated 2.12.2013, whereby C.B.C.I.D. enquiry was directed into the matter of caste certificate said to have been obtained by the father of the petitioner disclosing that he belonged to 'Sonar' by caste. The writ petition was disposed of vide judgment and order dated 18.10.2005. The High Court held that in view of the Government Order dated 5.1.1996, it was only the Caste Scrutiny Committee, which could examine the correctness otherwise of the caste certificate already issued in favour of a particular person and, therefore, the issue with regard to the case certificate of the petitioner be examined by the Caste Scrutiny Committee. The Court required the Caste Scrutiny Committee to decide the correctness otherwise of the caste to which the petitioner belonged in a time bound manner.
(3.) The father of the petitioner thereafter, filed another Writ Petition No. 68922 of 2010, Ram Govind Prasad v. State of U.P. and others being aggrieved by the order dated 16.6.2010 passed by the Additional District Magistrate (F &R), Ballia in pursuance to the order dated 5.5.2010 passed by the District Magistrate/Collector, Ballia, whereby direction had been issued for correction of the entry with regard to the caste of the petitioner and lodging an FIR against him. This writ petition was disposed of vide order dated 26.11.2010 and the High Court after relying upon the judgment in Writ Petition No. 69019 of 2010, Hizwana Bano v. State of U.P. and others , held that in view of the Government order of 5.1.1996, it is only the Caste Scrutiny Committee, which can examine the correctness otherwise of the certificate issued and the district officials would cease to have any jurisdiction once the caste certificate had been issued. The Division Bench, therefore, required that the issue with regard to the correctness otherwise of the caste certificate already issued in favour of Ram Govind Prasad be examined by the Caste Scrutiny Committee, for which three months time was provided. It appears that the State Government in the meantime came out with another Government Order dated 28.2.2011 whereby three layer Caste Scrutiny Committees were constituted; (a) District Level Caste Scrutiny Committee of which the District Magistrate was the Chairman, (b) Regional Level Caste Scrutiny Committee of which the Commissioner was to be the Chairman and (c) State Level Caste Scrutiny Committee of which the Secretary concerned was to be the Chairman. This Government Order provided for appeal from the District Level Caste Scrutiny Committee to the Regional Level Caste Scrutiny Committee and thereafter to the State Level Caste Scrutiny Committee.;