Bajranglal Batham (Majhi) vs State of M.P.

Heard. This appeal has been filed by the appellant against the order dt. 12.3.2012 passed by the learned Single Judge in W.P. No. 214/2012 (S).

The appellant was appointed as EDMC on 28.8.1978 under Scheduled Tribe Category and thereafter, he was confirmed under Group D category vide order dt. 14.9.1993. He was further promoted to the post of Postal Assistant/Shorting Assistant on 13.9.2001. In the year 1993, the appellant submitted a certificate in regard to his status as Scheduled Tribe and that certificate was sent for verification to the Collector. The Tehsildar informed the Superintendent of Post Office that the cast certificate of the appellant was forged one. The letter submitted by the Tehsildar has been filed as Annexure P/2. Thereafter, the Joint Collector further informed to the Superintendent of Post Office that the caste certificate of the appellant could not be verified.

The appellant pleaded that he is a member of Scheduled tribe community and a certificate to that effect has been issued to him by the Tehsildar. Copies of the certificates have been filed as Annexure P/4 and P/5 before the writ court. The appellant also filed a certificate issued by the Tehsildar, District Sheopur dt. 21.4.2006 before the writ court. In the aforesaid certificate, it is mentioned that the caste of the appellant is Scheduled Tribe and a certificate was issued to this effect from the office on 7.8.1993 vide Dispatch No. 237.

Aggrieved by the orders Annexures P/1, P/2 and P/3, the appellant preferred a writ petition which was registered as W.P. No. 1274/2012 (S). Learned writ court dismissed the petition of the appellant on the ground that the appropriate authority has recorded the finding that the caste certificate submitted by the appellant is forged one and there is no proper caste certificate issued by the office of Tehsildar, but there is a certificate issued by the Tehsildar dt. 21.4.2006. In the aforesaid certificate, the Tehsidlar Sheopur, mentioned the fact that the caste status certificate was issued in favour of the appellant on 7.8.1993. The appellant has been working since 1978. He has completed near about 34 years of service.

Hon''ble Supreme Court in the case of Kumari Madhuri Patila and another Vs. Addl. Commissioner, Tribal Development and others, has held that High Power Committee has to declare the status of the caste of the person.

In the present case, the appellant is in service for the last 34 years. The Division Bench of this Court vide order dt. 30.6.2011 passed in W.P. No. 2338/2007 (S) also issued a direction to verify the caste of the son of the appellant Uma Shankar. Looking to the aforesaid facts of the case, in our opinion, it would be just and proper that the case of the appellant be referred to High Power Committee in regard to verification of social status in caste of the appellant. Consequently, the appeal is disposed of with the direction that the High Power Committee shall decide the question in regard to social status in caste of the appellant within a period of three months from the date of receipt of copy of the order. The appellant shall produce the relevant documents before the High Power Committee. The impugned order dt. 12.3.2012 passed by the learned Single Judge in W.P. No. 1274/2012 (S) is hereby quashed. The appeal is disposed of accordingly. No order as to costs.