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Judgment
Heard Sri. Arvind Vashistha, Learned Counsel for the Petitioner and Sri.L.P. Naithani, Learned Counsel for the Respondent.
This writ Petitioner has been filed by the Petitioner seeking a writ of certiorari to quash the show cause notice 6.8.97 requiring the Petitioner to file statement of defence as why the departmental proceedings be not held against him for filing a false caste status certificate.
Learned Counsel for the Petitioner submitted that the Petitioner belongs to " Dhangar " caste which was shown to be scheduled caste in the list of State Government in the year 1984. It appears that the Petitioner obtained status certificate on account of English spelling of caste written as "Dhangar". Both these caste namely and have same English spelling as "Dhangar". Therefore, the clarification was issued in the year 1994. Learned Counsel for the Petitioner further submitted that the District Magistrate has found his certificate to be a genuine one.
The list of the schedule caste and Schedule Tribe is notified under the presidential order. The Petitioner has not produced any presidential order showing that the is scheduled caste and therefore, this petition is liable to be dismissed for want of material statement of fact supported with the presidential order on record.
It is also liable to be dismissed on the ground that the petition has been filed against a show cause notice and it has not been shown to us as to why the same is within jurisdiction. It is settled law that the petition under Article 226 of the Constitution of India can be entertained only when it is shown to be within jurisdiction. Reliance placed on the case of Executive Engineer, Bihar State Housing Board Vs. Ramesh Kumar Singh and others, .
For the reasons above, the writ petition is hereby dismissed. No orders as to costs.