Madhya Pradesh High Court
Gokul Prasad vs The State Level Committee For Sc/St on 3 October, 2012
1
W.A.No.265/2012
Gokul Prasad The State Level Committee & another
3.10.2012
Shri Vivek Dalal, Counsel for appellant.
Shri Samdarshi Tiwari, Government Advocate for
respondents/State.
This appeal is directed against an order dated 19.1.2012 in Writ Petition No.15227/2007 by which learned Single Judge of this Court has allowed the writ petition and remanded back the matter to the Caste Verification Committee, in view of the judgment passed by the Apex Court in Madhuri Patil Vs. Additional Commissioner, Tribal Development (1994) 6 SCC 241. This writ appeal has been preferred by the appellant in view of the judgment passed by the Apex Court in Dayaram Vs. Sudhir Batham (2012) 1 SCC 333 by which a bar created in Madhuri Patil for assailing the judgment of Single Bench in writ appeal has been overruled.
Learned counsel for appellant submitted that appellant is not challenging the order insofar as it relates to remanding the matter to Caste Verification Committee but is challenging the findings recorded by the Single Bench in Para 13 of the order by which the learned Single Judge has held that two reports of the Superintendent of Police, submitted before the Committee shall not be looked into by the Caste Verification Committee as aforesaid reports were furnished by the concerned Superintendent of Police without considering various factual aspects. It is submitted that the appellant being a 75 years old person, his school record, birth certificate etc. are not available and both the reports submitted by the Superintendent of Police were in favour of the appellant and ought to have been looked into by the Caste Verification Committee while re-deciding the matter of the appellant.
2 W.A.No.265/2012Gokul Prasad The State Level Committee & another 3.10.2012 Shri Samdarshi Tiwari, learned GA supported the order and submitted that in view of the specific findings recorded by the learned Single Judge in Para 13 of the judgment, reports of SP submitted before the Committee were rightly directed to be ignored by the learned Single Judge.
Before proceeding further, it would be appropriate to state some facts of the case. The appellant claimed to be of 'Bhunjiya' caste which is a Scheduled Tribe in the State of Madhya Pradesh, had obtained a caste certificate on 2.11.1982. Aforesaid certificate was cancelled by the High Level Caste Verification Committee on 17.7.2007 which action was challenged by the appellant before the Single Bench. Learned Single Judge in Para 13 of the order has recorded following findings :-
"13. The report dated 19.5.2003 Annexure P-8 shows that there is no application of mind and the requirement of para 12(5) are not fulfilled in this report dated 19.5.2003. There is no finding about school record, birth certificate etc. The statement of parents and guardian are not recorded. So far as the report dated 24.11.2003 is concerned, it is also a sketchy report. This report also shows that there is no whisper about examining the records of the petitioner regarding his qualification, birth certificate etc. The statement of certain complainants were recorded and on the basis of that, in two paragraphs it is held that petitioner belongs to "Bhunjiya" community. In the considered opinion of this Court, reports are not in consonance with the requirement of judgment of the Supreme Court in Madhuri Patil (supra). Since these reports do not fulfill the requirement of the aforesaid, the same cannot be binding on the committee and as per para 12(7) of the judgment, it was open for the committee to proceed further. Therefore, the contention of Shri Dalal that as per clause 3 of circular dated 8.9.1997, it was not open for the Committee to proceed further after receiving S.P.'s report has to be and accordingly negatived. The second attack on the report is that it is not in consonance with the principles of natural justice, equity and fair play. It is not as per the requirement of the Supreme Court judgment wherein it is held that the said proceedings are quasi judicial in nature (Ravi Prakash). It is gathered that the petitioner filed 3 W.A.No.265/2012 Gokul Prasad The State Level Committee & another 3.10.2012 his own detailed affidavit which is placed on record at page
28. The petitioner filled up the prescribed format Annexure P-6 and provided details against each and every entry of the prescribed proforma."
Thereafter, the learned Single Judge quashed the impugned order dated 17.7.2007 and remanded back the matter to Caste Verification Committee from the stage of passing of final order. Learned Single Judge further observed that the committee shall pass a fresh order in accordance with the judgment of the Apex Court in Madhuri Patil.
We have perused the record and findings recorded in Para 13 of the Order passed by the Single Bench and find that the reports of the Superintendent of Police were submitted without considering certain facts and without recording a fact that such school record, birth certificate etc. were not available though aforesaid reports were in favour of the appellant. Apart from this, there is no finding in the reports that the parents of the appellant were alive or not, in absence of which, if the learned Single Judge directed to ignore aforesaid reports, no fault is found. In view of the aforesaid, we do not find any error in the impugned order warranting our interference in this writ appeal. However, the Caste Verification Committee shall follow the directions issued by the Apex Court in Madhuri Patil (supra). The Caste Verification Committee at the time of final hearing of the matter, if finds that some fresh report is required, shall be free to call for a report.
With the aforesaid clarification, this appeal is finally disposed of with no order as to costs.
(Krishn Kumar Lahoti) (Smt.Vimla Jain)
Judge Judge
C.