The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.17439 of 2025 Muralidhaar Nayak & Others … Petitioners Mr. U.C. Mishra, Advocate -versus- State of Odisha & Others … Opp. Parties CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Mr. P.K .Panda, ASC Order No. 04.
Decision
ORDER 24.07.2025 1. This matter is taken up through Hybrid Mode. 2. Heard Mr. U.C. Mishra, learned counsel for the petitioners and Mr. P.K. Panda, learned Additional Standing Counsel for the State. 3. Pursuant to order dated 04.07.2025, learned Additional Standing Counsel produces the record in FCC Case No.16 of 2016 in Court today. 4. The present writ petition has been filed, inter alia, challenging the order dated 07.05.2025 so passed by the State Level Scrutiny Committee, Cuttack (Opposite Party No.2) in FCC Case No.16 of 2016. 5. It is the main contention of the learned counsel for the Petitioners that Petitioner Nos.1 to 4 were issued with notices on 06.04.2022 as available under Annexure-2 in FCC Case No.16 of 2016. But no show cause was ever issued by the Committee to Petitioner Nos.5 to 8. It is also contended that on receipt of the show cause so issued on 06.04.2022, Petitioner Nos.1 to 4 filed their respective objections on 12.12.2022 and on subsequent dates as found from Annexure-3. Though the proceeding was initiated in accordance with the guideline issued by the Hon’ble Supreme Court in the case of Kumari Madhuri Patil vs. Addl. Commr., Tribal Development, reported in AIR 1995 SC 94, the sane was disposed of vide the impugned order dated 07.05.2025 wherein the caste certificate issued in favour of the Petitioners was cancelled with other directions issued by the Committee. 5.1 It is contended that at no point of time Petitioner Nos.5 to 8 were ever noticed by the Committee. It is accordingly contended that since the Petitioner Nos.5 to 6 were never noticed and never participated in the proceeding, their caste certificates could not have been cancelled vide the impugned order along with the caste certificates of the Petitioner Nos.1 to 4 and it’s per se illegal. 5.2 With regard to the claims of the Petitioner Nos.1 to 4, it is contended that after submission of their objections under Annexure-3, Petitioners were never allowed due opportunity of hearing nor allowed to cross-examine the witnesses examined by the Committee. Petitioner Nos.1 to 4 were also not permitted to examine their witnesses to prove their stand. It is contended that without following the principle of natural justice and the directions issued by the Hon’ble Apex Court in the case of Madhuri Patil (supra) as well as the guidelines governing the field now, i.e., Odisha Page 2 of 5 Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Rules, 2023 (in short, Rules), the Committee proceeded with the matter and passed the impugned order dated 07.05.2025 under Annexure-4. 5.3 It is further contended that the Petitioner Nos.1 to 4 though filed their objections on 12.12.2022 and on subsequent dates, but without providing due opportunity of hearing to them, proclamation notices were issued on 12.11.2024. Thereafter notices were issued to Petitioner Nos.1 to 4 to appear before the Committee on 18.02.2025 and on the next date the final order was passed on 07.05.2025. It is accordingly, contended that since the Committee proceeded with the matter without following the principles of natural justice and the directions contained in the case of Madhuri Patil (supra) so also the rules governing the field now, the impugned order is not sustainable in the eye of law and requires interference of this Court. 6. Learned Additional Standing Counsel on the other hand placing reliance on the records so available with him, contended that after filing of their show causes on 22.12.2022, the Committee held the proceeding on 13.03.2023 and 16.10.2023 and thereafter proclamation notices were issued on 12.11.2024. After receipt of the reply to the proclamation, the Committee in its proceeding dated 18.02.2025 took up the issue and passed the final order on 07.05.2025. It is accordingly contended that since Petitioner Nos.1 to 4 were given due opportunity of hearing in the proceeding in question and Petitioner Nos.5 to 8 Page 3 of 5 stand in similar footing as like Petitioner Nos.1 to 4, caste certificates issued in favour of Petitioner Nos.1 to 8 were cancelled by the Committee in its proceeding dated 07.05.2025. It is accordingly contended that no illegality/irregularity can be found with the impugned order. 7. Having heard learned counsel for the parties and considering the submissions made, this Court finds that Petitioner Nos.1 to 4 were issued with show cause vide notice dated 06.04.2022 under Annexure-2 and as found from the records, Petitioner Nos.1 to 4 have filed their objections on 12.12.2022 and on subsequent dates. 7.1 It is found from the record that Petitioner Nos.5 to 8 were never noticed to appear before the Committee. It is also found from the record that after filing their show causes starting from 12.12.2022, Petitioners were never given opportunity to lead their evidence nor they were given to cross-examine the witnesses, examined by the Committee. Since Petitioner Nos.5 to 6 were never noticed and Petitioner Nos.1 to 4 were never given due opportunity of hearing after filing of their objections starting from 12.12.2022, the Committee as per the considered view of this Court has not disposed of the proceeding in accordance with law and following the guidelines issued by the Hon’ble Apex Court in the case of Madhuri Patil (supra). 7.2 In that view of the matter, this Court is inclined to quash the impugned order dated 07.05.2025 so passed by the Committee under Annexure-4. While quashing the said order, this Court directs the Committee to dispose of the Page 4 of 5 proceeding in accordance with the law and the provisions contained under the Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Rules, 2023. 7.3 This Court further permits Petitioner Nos.5 to 8 to file their show causes before the Committee. In order to avoid the delay, Petitioner Nos.5 to 8 are directed to submit their reply before the Committee on or before 14th of August, 2025. On their filing of the show causes, the Committee shall proceed with the matter and dispose of the proceeding in accordance with law and the provisions contained under Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Rules, 2023, and start the proceeding from the stage of Rule 7(9) of the Rules. Since the proceeding is of the year 2016, this Court directs the Committee to dispose of the proceeding by giving due opportunity of hearing to the Petitioners by the end of this year. Petitioners are also directed to cooperate with the proceeding and they will not take any unnecessary adjournments before the Committee. With the aforesaid observation and direction, the writ petition is accordingly disposed of. (Biraja Prasanna Satapathy) Judge amit Page 5 of 5