Kanchan Devi vs The State Of Jharkhand on 10 May, 2023

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Jharkhand High Court

Kanchan Devi vs The State Of Jharkhand on 10 May, 2023

Bench: Rajesh Shankar

                                      1

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         W.P.(C) No. 1097 of 2023
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      Kanchan Devi                                ...   ...   Petitioner
                                        Versus
      1. The State of Jharkhand

2. Caste Scrutiny Committee through its Chairman-cum-Secretary, Department of Scheduled Tribe, Scheduled Caste, Minority and Backward Class Welfare, Government of Jharkhand, Ranchi

3. The Secretary, Department of Panchayati Raj, Government of Jharkhand, Ranchi

4. The Deputy Commissioner, Dhanbad

5. The Sub-Divisional Officer, Dhanbad

6. The District Panchayati Raj Officer, Dhanbad

7. The Circle Officer, Putki (Dhanbad)

8. Bijendra Kumar Paswan @ Bijay Paswan .... ... Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Sunil Kumar Mahato, Advocate For the Resp. Nos. 1 to 7 : Md. Shahabuddin, S.C.-VII Mr. Zaid Imam, A.C. to S.C.-VII For the Resp. No. 8 : Mr. Lukesh Kumar, Advocate Order No. 04 Dated: 10.05.2023 I.A. No. 3961 of 2023 The present interlocutory application has been filed on behalf of the respondent no. 8 seeking permission to assist this Court.

Permission is accorded.

I.A. No. 3961 of 2023 stands disposed of.

W.P.(C) No. 1097 of 2023

At the request of learned counsel for the petitioner, let the designation of respondent no. 2 be corrected as "Caste Scrutiny Committee through its Chairman-cum-Secretary, Department of Scheduled Tribe, Scheduled Caste, Minority and Backward Class Welfare, Government of Jharkhand, Ranchi".

2. Office is directed to make necessary correction in the cause title of the writ petition.

3. Learned counsel for the petitioner confines the prayer to the extent of directing the concerned respondents to forthwith make an inquiry of the documents on the basis of which caste certificate of 'Dushadh' community under 'Scheduled Caste' category dated 01.07.2015 has been issued to Bijendra Kumar Paswan (the respondent no. 8) by the respondent no. 7- 2 Circle Officer, Putki (Dhanbad) and to hold that the said caste certificate is illegal and the respondent no. 8 is not entitled to get benefit of reservation under 'Scheduled Caste' category in the State of Jharkhand.

4. Mr. Shahabuddin, learned S.C.-VII appearing on behalf of the respondent nos. 1 to 7, and Mr. Lukesh Kumar, learned counsel appearing on behalf of the respondent no. 8, jointly submit that before filing of the present writ petition, the petitioner had represented the respondent no. 2 (Caste Scrutiny Committee) on the present issue on 09.01.2023 as would be evident from the statement made in paragraph-14 of the writ petition and therefore she should pursue her representation before the respondent no. 2 itself.

5. Having heard learned counsel for the parties and considering the nature of prayer made by the petitioner in the present writ petition, this Court is of the view that the respondent no. 2 (Caste Scrutiny Committee) should take decision in this regard at the first instance. Accordingly, the petitioner is given liberty to prefer a fresh representation before the respondent no. 2 on the present issue along with relevant documents. On receipt of the said representation, the respondent no. 2, after providing opportunity of hearing to the petitioner as well as the respondent no. 8 and on making due inquiry, shall take an appropriate informed decision preferably within three months from the date of filing of the said representation.

6. The writ petition is accordingly disposed of with aforesaid liberty and direction.

(Rajesh Shankar, J.) Ritesh/

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