Hoshram Patel vs State Of Chhattisgarh And Ors

Sanjay K. Agrawal, J

Heard.

The petitioner has questioned the order dated 24-5-2005 passed by the Caste Scrutiny Committee by which it has been held that he does not belong

to Scheduled Tribe category and he belongs to OBC and therefore he is not entitled for the post of Lecturer obtained on the reserved post.

Learned counsel for the petitioner submits that the impugned order passed by the Caste Scrutiny Committee is unsustainable and bad in law. The

petitioner belongs to Aghariya which is included in the ST category, therefore, the order passed by the Caste Scrutiny Committee is unsustainable and

bad in law.

Learned State counsel submits that on the basis of dakhil kharij register and the transfer certificate, the Caste Scrutiny Committee has clearly

reached to the conclusion that the petitioner belongs to Aghariya which is included in the OBC and therefore his caste certificate has rightly been

cancelled by the said Committee.

On the basis of dakhil kharij register, serial No.957, of Primary School, Barekelkhurd, Block Pithora, and the school leaving certificate of Primary

School, Dighepur, the Caste Scrutiny Committee has clearly reached to a conclusion that the petitioner belongs to Aghariya not Agariya, therefore, he

is member of OBC and he is not member of ST category. The said finding is a finding of fact based on the evidence available on record and I do not

find any perversity and illegality in the order, as such, the petition deserves to be and is accordingly dismissed leaving the parties to bear their own

costs.