Maran Jamatia vs State Of Tripura And 2 Ors.

Heard Mr. K. Nath, learned counsel for the petitioner as well as Mr. D. Sarma, learned Additional GA appearing for the respondent-State.

By means of filing this writ petition, the petitioner has challenged the cancellation of his Scheduled Tribe certificate issued by the Sub Divisional Magistrate, Udaipur, Gomati, vide order dated 04.10.2019 under Rule 6-A of the Tripura Scheduled Case and Scheduled Tribes Reservation Rules, 1992 (here-in-after, the Rules, 1992) and, consequent cancellation of the survival certificate issued in favour of the petitioner by the Sub Divisional Magistrate, Udaipur, Gomati.

Brief facts are that, the petitioner belongs to Jamatia community which is recognized as Scheduled Tribe in the State of Tripura. After due and proper inquiry, the SDM, Udaipur issued Scheduled Tribe certificate in favour of the petitioner on 13.11.2014. All on a sudden, the SDM, Udaipur, Gomati, by an impugned order dated 04.10.2019 has cancelled the Scheduled Tribe and Survival certificate of the petitioner without having any jurisdiction or authority of such cancellation.

Rule 7-A of the Tripura Scheduled Case and Scheduled Tribes Reservation Rules, 1992, provides by which authority and in which manner verification of the social status is to be carried out. In terms of Rule 7-A of the said Rules, 1992, only State Level Scrutiny Committee is competent to cause verification of caste status. It is further pleaded that on instruction of DM & Collector, Gomati and Government Pleader of Gomati District, the SDM, Udaipur, Gomati, taking into consideration of extraneous and irrelevant materials and in violation of natural justice and mandate of Rule 7-A of the said Rules, 1992, has cancelled the SC certificate of the petitioner. Similarly, by the impugned order dated 04.10.2019, the SDM, Udaipur without procedural aspect of law has cancelled the survival certificate of the father of the petitioner.

It is the case of the petitioner that the SDM, Udaipur has no competency to cancel the ST certificate of the petitioner. The respondent in blatant violation of the Rules, 1992 and, in violation of principle of natural justice behind the back of the petitioner has cancelled his ST certificate and survival certificate of his father, most arbitrarily and illegally. Thus, the petitioner has prayed for setting aside the cancellation of his ST certificate as well as his survival certificate.

Mr. K. Nath, learned counsel for the petitioner at the very outset has drawn my attention to a judgment of a Division Bench passed in WP(C) 1425 of 2019 [ Uttam Das Baishanab vs. The State of Tripura and others] and similar other matters, wherein Rule 6 of the said Rules, 1992 has been declared as inoperative and otiose in the manner as under:

"12. For these reasons Rule 6 of the said Rules is declared inoperative and otiose from the date of insertion of Rule 7A in the said Rules. Impugned order dated 10.12.2019 which has been passed by the Sub Divisional Magistrate in exercise of power under Rule 6 of the said Rules, therefore, is set aside. It is clarified that we have not examined the decision of the Sub-Divisional Magistrate on merits and nothing stated in this order would prevent any further inquiry into correctness of the petitioner's Caste certificate, as per the procedure laid down in the Rule 7A of the said Rules".

In view of the said decision where Rule 6 of the said Rules, is declared as inoperative and otiose, I have no other alternative but to set aside and quash the order of cancellation of the ST certificate of the petitioner vide order dated 04.10.2019. Accordingly, the order dated 04.10.2019 passed by the Sub Divisional Magistrate, Udaipur, Gomati, is set aside. Further, it is established that the survival certificate of the father of the petitioner has also been cancelled vide order dated 04.10.2019 in total disregard to the principle of natural justice. Accordingly, the said order dated 04.10.2019 cancelling the survival certificate of the father of the petitioner also stands set aside. However, it is made clear that this court has not examined the merits of cancellation of these two certificates, as aforestated. The competent authority may inquire and examine the correctness of these certificates in accordance with law laid down in Rule 7-A of the said Rules, 1992 and the relevant provisions for granting survival certificate.

With the aforesaid observation and direction, the instant writ petition is allowed, in the above terms and thus, disposed off.

Pending application(s), if any, also stands disposed off.