- (1.) THE petitioner aggrieved by the order dated 28.7.2005 passed by the Tehsildar Nagina, district-Bijnor, (Annexure-10 to the writ petition), has prayed for quashing of the same. The order impugned cancels the Caste Certificate issued to the petitioner on 27.1.2004.
(2.) THE petitioner was issued a caste certificate on 27.1.2004; copy whereof is Annexure-8 to the writ petition, wherein the petitioner was indicated to be of "Dhangar" caste which is included as a Scheduled Caste at Item No. 27 of The Constitution (Scheduled Castes) Order, 1950; a copy of the said Notification of 1950 isAnnexure-1 to the writ petition. Such Certificates were being issued in the district of Bijnor and a complaint was made on 27.3.2004 by an organisation of Scheduled Castes, titled as "Vishwa Dalit Parishad", stating therein that such Certificates are illegally being issued inasmuch as the persons, who have been issued such Certificates, belong to the caste of Gaderiya/Gareria, who are not Scheduled Caste and who are categorized under the Other Backward Category by the State Government. This complaint was moved through one Bhupendra Pal Singh and an inquiry on the strength of such complaint was set into motion. The said inquiry was entrusted to Naib Tehsildar-Nagina, who submitted a detailed report on 31.3.2004; a copy of the said complaint and the report aforesaid are Annexures-1 and 2 to the counter-affidavit filed on behalf of the State. The inquiry pertaining to the petitioner's certificate was also simultaneously made and the petitioner was put to notice on 6.1.2005 to which the petitioner filed a reply on 5.2.2005; the reply submitted by the petitioner is Annexure-9 to the writ petition. The impugned order was passed thereafter. We have heard Sri N.C. Gupta for the petitioner and Sri Neeraj Upadhyay, learned Standing Counsel, for the respondents.
(3.) AFFIDAVITS have been exchanged between the parties which have been perused by us.;