W.P No. 10284/2010 19/03 of 2012 · Madhya Pradesh High Court

made by the Tehsildar, learned counsel submits that in the light of aforesaid documents, the certificate declaring the petitioner to be a member of the Other Backward Community should have been granted to the petitioner. Inter-alia contending that the claim of the petitioner is rejected without taking note of the report of the Patwari and that of the Tehsildar, this petition has been filed. Even though, the matter is pending and more than two years have passed, respondents have not filed any reply. Shri Pushpendra Kaurav, learned counsel invites my attentions to Annexure-P3 the report of the Patwari and affidavit of the petitioner and submits that the claim of the petitioner is based on the report of the Patwari and Tehsildar and it is not based on any enquiry conducted. It is stated that the enquiry is not proper and, therefore, on the basis of the same, no certificate, as prayed for, can be granted. Having heard learned counsel for the parties and on perusal of the records, it is clear that the question involved in this writ petition pertains to determination of the caste status of the petitioner and there is serious dispute with regard to the right of the petitioner to seek the benefits of caste in question and the certificate to be issued. As the said question is to be decided in accordance with 15 guidelines issued by the Supreme Court in the case of Ku.Madhuri Patil Vs. the Additional Commissioner AIR 1995 SC 94 and further clarification with regard to grant of caste certificate issued by the Supreme Court in the case of Dayaram Vs. Batham 2012 (1) SCC 333, therefore, its a fit case where the enquiry with regard to schedule status of the petitioner can be directed to be conducted in the light of the judgment rendered by the Supreme court in the cases as referred to hereinabove. Accordingly, it is directed that on the petitioner's filing a certified copy of this order before the Secretary of the High Power Committee constituted in this regard, the said committee shall conduct an enquiry into the matter and consider and decide the claim of the petitioner after hearing all concerned. The decision be taken within a period of three months from the date of receipt of certified copy of this order. With the aforesaid, the petition stands disposed of. Certified Copy as per rules. (Rajendra Menon) Judge