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  • December 14, 2024
Chhattisgarh High Court upholds ST Caste certificate after procedural lapses discovered | Raipur News

Chhattisgarh High Court upholds ST Caste certificate after procedural lapses discovered | Raipur News

Chhattisgarh High Court quashes cancellation of caste certificate citing violation of natural justice
The commission has canceled the caste certificate of a postman. The status of the worker, belonging to the Dhangarh caste, was questioned. The court ordered a review of the case within six months.

RAIPUR: The Chhattisgarh High Court determined that the Caste Control Commission must operate as a quasi-judicial body, with which compliance is required natural justice principles and full disclosure of collected material to the person being investigated.
Justice Bibhu Datta Gurupresiding over a Single Bench, made this observation while hearing a petition challenging the order of the High-Power Caste Scrutiny Committee, nullifying the petitioner’s ST caste certificate issued by the Divisional Organizer, Raipur, on the ground of misrepresentation.
The case revolves around a Postal department disputed caste status of an employee, following the withdrawal of his caste certificate by the High-Power Caste Scrutiny Committee. The petitioner sought redress, citing violations of the procedures laid down in the Chhattisgarh Scheduled Castes, Scheduled Tribes, and Other Backward Classes (Regulation of Social Status Certification) Act, 2013, and its rules.
The petitioner, appointed as Postal Assistant in 1983 and later promoted to Inspector, identifies himself as Dhangarh casterecognized as Scheduled tribe in Chhattisgarh, with a certificate issued on February 6, 1982. Pursuant to instructions from the Department, the petitioner obtained a reissued caste certificate from the Tehsildar, Mahasamund in 1992. Questions about his caste status prompted an investigation by the postal department.
The collection agency conducted a thorough investigation in 1999, during which the Dhangarh (ST) status of the petitioner was confirmed. Additional verifications, including those of the Additional Collector and Chhattisgarh State Scheduled Tribe Commission, supported the classification of Dhangarh/Gadhariya as ST. Nevertheless, the High-Power Committee revoked the certificate citing ancestral evidence linking the petitioner to the Gadhariya Caste (OBC).
The committee based its decision on a Vigilance Cell report that examined historical data and community practices.
The petitioner reported procedural irregularities, including denial of the right to cross-examination and failure to comply with legal requirements. The commission’s direct involvement, bypassing the district-level verification commission, was challenged under sections 6 and 7 of the 2013 Act. The court found that the commission exceeded its powers and ignored legal procedures. The cancellation order was deemed procedurally flawed and legally untenable.
“If we apply the settled principles of law to the facts of the present case and for the reasons stated above, it is crystal clear that the Caste Scrutiny Commission has not followed the directions/guidelines of the Supreme Court as well as the law. 2013, and the Rules, 2013, in true perspective, while verifying the caste certificate of the petitioner,” the Court said. The order dated January 9, 2015, communicated on April 28, 2015, was quashed, with directions to revise the certificate within six months as per appropriate guidelines.