Madhya Pradesh High Court
Jitendra Kumar Majhi vs The State Of Madhya Pradesh on 14 July, 2017
1
W.A. No. 290/2017
Jitendra Kumar Majhi
Vs.
State of Madhya Pradesh and others
14.07.2017
Shri M.P.S. Raghuvanshi, counsel for the appellant.
Shri Praveen Newaskar, Government Advocate for the
respondents No. 1 to 3/State.
This intra-court appeal under Section 2(1) of Madhya Pradesh Uchcha Nyayalya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, is directed against the order dated 01.05.2017 passed in W.P. No. 2727/2017. Petition was directed against show cause notice dated 17.04.2017 issued by Dean, Shyamshah Medical, College, Rewa, whereby the petitioner was called upon to produce caste certificate. Notice as is evident therefrom is on the basis of information divulged by the Sub-Divisional Officer, Bhind vide its communication dated 17.01.2017.
The petitioner besides seeking quashment of the said show cause notice also sought the relief vide paragraph 7(ii) that the Collector, District Bhind be directed to get the caste of the petitioner verified from concerning Sub-Divisional Officer, Bhind. In other words, the petitioner vide said petition also sought an enquiry to be caused into by the Collector, District Bhind in respect of caste status of the petitioner.
The writ Court while dwelling upon the challenge in the petition dismissed the same in limine with an observation that the petitioner would be at liberty to appear before the authority concerned who issued show cause notice to explain his part. Grievance of the petitioner is that since the show cause notice has been issued on the anvil of the information sent by Sub- Divisional Officer, Bhind, which in turn is on the basis of record maintained in his office, petitioner's appearance before the respondent No. 4 would be of no avail as the petitioner still will 2 W.A. No. 290/2017 not be able to establish his caste status without there being supportive document/record maintained and issued by the revenue authorities.
The show cause notice emanates from the information sent by Sub-Divisional Officer, Bhind as apparent from communication dated 17.01.2017, the appellant has a forum for redressal of said grievance and could have approached the Collector, District Bhind for the redressal thereof. When faced with such situation, learned counsel for the appellant prays for withdrawal of writ appeal with a liberty to approach the Collector, District Bhind for redressal of his grievance. In view whereof, the Writ Appeal is disposed of as withdrawn.
In case a representation is preferred by the Appellant, Collector, Bhind shall dwell upon the same in accordance with law keeping in mind the law laid down by the Supreme Court in the cases of Kumari Madhuri Patil Vs. Addl. Commissioner, Tribal Development and others [AIR 1995 SC 94] and State of Maharastra Vs. Milind and others [ (2001) 1 SCC 4].
It is made clear that we have not expressed any opinion on the merits of the matter. In case, the Collector, Bhind finds that there is a doubt about caste status of the appellant, he is at liberty to take all such measures as have been laid down in the cases of Kumari Madhuri Patil (supra) and Milind (supra).
In the above terms, the appeal stands disposed of as withdrawn.
(Sanjay Yadav) (S.K. Awasthi)
Judge Judge
Abhi