Calcutta High Court (Appellete Side)
Bholanath Nath Mahato vs The State Of West Bengal & Ors on 10 August, 2010
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
1 10.08.2010 45 br.
M.A.T. 853 of 2009 With C.A.N 8205 of 2009 (For appropriate order) Bholanath Nath Mahato
-vs-
The State of West Bengal & Ors.
Mr. Malay Kumar Basu, Sr. Adv.
Mr. Prahlad Ch. Ghosh Mr. Subir Hazra ..... for the appellant.
Mrs. Seba Roy ....... For the State Re: An application for appropriate order being CAN 8205 of 2009.
We have heard the learned Counsel for the parties at length.
It is submitted that the certificate which was issued to the writ petitioner was cancelled by the Sub-Divisional Officer, Gangarampur in the District Dakshin Dinajpur. It is further submitted that the question of cancellation of schedule caste certificate should be decided by a properly Constituted Committee at the district level as has been held in 2007(12) SCC P. 796 and 2007 (12) SCC P.800 as well as in accordance with earlier decision of the Supreme Court reported in 1994(6) SCC P.241. The said contention of Mr. Basu Senior Advocate has not been 2 disputed by the learned Advocate Ms. Roy appears for the State.
Having considered the submissions made on behalf of the parties it is the duty of the state authorities to follow the direction given in the said decision reported in 1994(6) SCC P.241. It appears to us that the application should be submitted for verification of the caste certificate before the Scrutiny Committee and the scrutiny has to be done by the said authority only. It further appears to us that such committee has not yet been constituted by the State Government. Hence we direct that the said committee should be constituted in accordance with the mandatory direction given by the Supreme Court of India on the State Government immediately.
Accordingly, we direct that the said Scrutiny Committee should be constituted by the State Authorities immediately. We further hold that the order passed by the S.D.O., Buniadpur, in the District Daskshin of Dinajpur had no authority to cancel the certificate issued in favour of the writ petitioner.
Accordingly, the impugned order passed in this matter by the writ court is set aside. The writ application is allowed. The Committee should be constituted by the State within a period of six weeks from date. The writ petitioner shall file representation before the said Committee within a week after such committee is constituted by the State. The said Committee shall take 3 necessary steps to consider the representation and shall pass a reasoned order within three weeks from the date of the filing of such representation by the writ petitioner.
For the reasons stated herein above, the appeal is allowed.
Appeal and application being CAN no. 8205 of 2009 are, accordingly, disposed of.
Photocopy of this order, duly countersigned by the Assistant Registrar (Court), shall be furnished to the learned Advocate for the petitioner on the usual undertaking.
(PINAKI CHANDRA GHOSE. J.) ( ASIM KUMAR RAY,J.)