- (1.) Anil Kumar is before this Court assailing the validity of the order dated 24.06.2016 passed by the District Magistrate, Saharanpur.
(2.) From the record of this writ petition it is reflected that the petitioner claims that he belongs to Kori caste and in the State of U.P. the Kori caste is notified at Sl.No.50 in the list of scheduled caste category. In the election for the Member of Zila Panchayat, Saharanpur, held in the year 2015 the Ward No.35 was reserved for scheduled caste category. The petitioner being the scheduled caste candidate contested the election for the Member of Zila Panchayat and was elected as Member, Zila Panchayat. The controversy arose when one person namely Raj Kumar had made a complaint before the District Magistrate/District Social Welfare Officer, Saharanpur on 15.01.2016 alleging therein that the petitioner belongs to Julaha caste, which does not fall under the scheduled caste category and by concealing the material fact he has illegally procured the scheduled caste certificate.?
(3.) Learned counsel for the petitioner has contended that the Kori caste is notified as OBC in the division of Agra, Meerut and Ruhelkhand and the rest of U.P. the same is notified as scheduled caste category. Subsequently through an amendment under Article 341, the Kori caste was included in the scheduled caste category in the entire State of U.P. The said notification has also been brought on record. He further submits that there is no dispute that the petitioner belongs to Kori caste, which has been notified under the scheduled caste category and, accordingly, the petitioner was issued a caste certificate as Kori on 01.11.2010. Even in the family register of village Duharki, where the petitioner is residing, the caste of the petitioner's family is shown as Kori-Julaha-Hindu (scheduled caste). He further states that without taking into account the aforesaid facts, the Scrutiny Committee issued notice to the petitioner and finally the order impugned had been passed whereby the caste certificate of the petitioner was cancelled.;