Allahabad High Court

Srivastava Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J.

1. Heard learned counsel for the petitioners and Sri Rajesh Kumar Pal, learned Standing Counsel for the State-respondents.

2. The petitioners by means of the present writ petition have assailed the order dated 07.11.2024 passed by the respondent no.3-District Magistrate, Ghazipur whereby District Magistrate has cancelled the caste certificate of the petitioners.

3. The petitioners claim that they belong to 'Gond' community which earlier was notified as 'Scheduled Caste' category. However, by notification dated 8th January, 2003, the 'Gond' community has been notified as 'Scheduled Tribe'. The petitioners, thereafter, obtained caste certificate of Scheduled Tribe category, copy of which is annexed as Annexure 5 to the writ petition. Since the caste certificate of the petitioners was not in an appropriate format as has been prescribed by the Central Government, therefore, petitioners approached the respondent-authority for uploading the caste certificate in English language in the prescribed format.

4. When the grievance of the petitioners was not redressed, the petitioners approached this Court by filing Writ-C No.43987 of 2023 which was disposed off by this Court by order dated 21.12.2023 directing the District Magistrate, Ghazipur to redress the grievance of the petitioners.

5. The petitioners, thereafter, submitted a representation to the District Magistrate, Ghazipur in compliance of the judgement of this Court dated 21.12.2023 passed in Writ-C No.43987 of 2023. When the District Magistrate, Ghazipur did not take any heed upon the representations of the petitioners nor pass any order in compliance of the judgement of this Court dated 21.12.2023, the petitioners approached this Court by filing Contempt 2 WRIC No. 43283 of 2025 Application (Civil) No.6406 of 2024 in which notice was issued. Thereafter, District Magistrate, Ghazipur has passed the impugned order dated 07.11.2024 cancelling the caste certificate of the petitioners.

6. Challenging the aforesaid order, learned counsel for the petitioners has contended that this Court had directed the District Magistrate, Ghazipur to consider the grievance of the petitioners with regard to uploading online caste certificate in English language, and the District Magistrate illegally passed an order holding that petitioners are not entitled to the caste certificate of Scheduled Tribe category as they belong to O.B.C. category. He submits that under the Government Order dated 28.02.2011, the District Magistrate has no jurisdiction whatsoever to cancel the caste certificate.

7. It is contended that it is only District Level Committee constituted under the Government Order dated 28.02.2011 has jurisdiction to enter into the validity of caste certificate. It is submitted that if for any reason, the District Magistrate was of the view that petitioners do not belong to Scheduled Tribe category, he should have referred the matter to the District Level Committee, who could scrutinise the caste certificate of the petitioners in the light of the judgement of Apex Court in the case of Km. Madhuri Patil and Another Vs. Additional Commissioner, Tribal Development and others AIR 1995 SC 94. Accordingly, it is contended that impugned order is without jurisdiction.

8. Learned Standing Counsel would contend that the District Magistrate, Ghazipur has given elaborate reason after appreciating the evidence on record that petitioners do not belong to Scheduled Tribe category rather they belong to O.B.C. category, therefore, there is no illegality in the impugned order. He further contends that in order to comply with the direction of this Court passed in Writ-C No.43987 of 2023 to consider the grievance of the petitioners with regard to uploading of caste certificate in English language, the District Magistrate is under obligation to verify the caste certificate, and if on verification, he finds that caste certificate of the petitioners is genuine, he could pass an order for uploading the caste certificate in English format. Accordingly, it is submitted that this Court may refrain from interfering with the impugned order under Article 226 of the Constitution of India.

9. Be that as it may, the law is no more res-integra that it is only District Level Committee constituted under the Government Order dated 28.02.2011, who has jurisdiction to scrutinise the validity of caste certificate. The law does not confer any such power upon the District Magistrate to enter into the validity of caste certificate. If on verification, the District Magistrate was of the view that the caste certificate of the petitioners does not appear to be genuine, and petitioners are not entitled to be issued a caste certificate of Scheduled Tribe category as they belong to Other Backward Classes, the District Magistrate should have referred the matter to the District Level Committee, who after following the guidelines laid down in the judgement of Apex Court in the case of Km. Madhuri Patil (supra) and procedure 3 WRIC No. 43283 of 2025 prescribed for cancelling the caste certificate could have passed an order for cancelling the caste certificate.

10. Since, the District Magistrate does not have any such power to enter into the validity of caste certificate, therefore, District Magistrate lacks inherent jurisdiction to enter into the validity of caste certificate.

11. Accordingly, we are of the view that impugned order cannot be sustained in law and is hereby set aside. We remit the matter to the respondent no.3- District Magistrate, Ghazipur to consider the grievance of the petitioners for uploading the caste certificate in English format on website, and if for any reason, the District Magistrate is of the view that petitioners are not entitled to issuance of caste certificate of Scheduled Tribe category, he would refer the matter to the District Level Committee, who has domain to scrutinise the fact as to whether petitioners belong to Scheduled Tribe category or Other Backward Classes. The District Magistrate shall complete the aforesaid exercise within a period of one month from the date of production of certified copy of this order.

12. Thus, for the reasons given above, the writ petition is allowed subject to observations made above. There shall be no order as to costs.

13. It is made clear that if there is any concealment of fact by the petitioners in obtaining the present order, the respondents shall have the liberty to file recall application to recall the said order. December 10, 2025 Sattyarth (Sudhanshu Chauhan,J.) (Saral Srivastava,J.)

Srivastava Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J.

1. Heard learned counsel for the petitioners and Sri Rajesh Kumar Pal, learned Standing Counsel for the State-respondents.

2. The petitioners by means of the present writ petition have assailed the order dated 07.11.2024 passed by the respondent no.3-District Magistrate, Ghazipur whereby District Magistrate has cancelled the caste certificate of the petitioners.

3. The petitioners claim that they belong to 'Gond' community which earlier was notified as 'Scheduled Caste' category. However, by notification dated 8th January, 2003, the 'Gond' community has been notified as 'Scheduled Tribe'. The petitioners, thereafter, obtained caste certificate of Scheduled Tribe category, copy of which is annexed as Annexure 5 to the writ petition. Since the caste certificate of the petitioners was not in an appropriate format as has been prescribed by the Central Government, therefore, petitioners approached the respondent-authority for uploading the caste certificate in English language in the prescribed format.

4. When the grievance of the petitioners was not redressed, the petitioners approached this Court by filing Writ-C No.43987 of 2023 which was disposed off by this Court by order dated 21.12.2023 directing the District Magistrate, Ghazipur to redress the grievance of the petitioners.

5. The petitioners, thereafter, submitted a representation to the District Magistrate, Ghazipur in compliance of the judgement of this Court dated 21.12.2023 passed in Writ-C No.43987 of 2023. When the District Magistrate, Ghazipur did not take any heed upon the representations of the petitioners nor pass any order in compliance of the judgement of this Court dated 21.12.2023, the petitioners approached this Court by filing Contempt 2 WRIC No. 43283 of 2025 Application (Civil) No.6406 of 2024 in which notice was issued. Thereafter, District Magistrate, Ghazipur has passed the impugned order dated 07.11.2024 cancelling the caste certificate of the petitioners.

6. Challenging the aforesaid order, learned counsel for the petitioners has contended that this Court had directed the District Magistrate, Ghazipur to consider the grievance of the petitioners with regard to uploading online caste certificate in English language, and the District Magistrate illegally passed an order holding that petitioners are not entitled to the caste certificate of Scheduled Tribe category as they belong to O.B.C. category. He submits that under the Government Order dated 28.02.2011, the District Magistrate has no jurisdiction whatsoever to cancel the caste certificate.

7. It is contended that it is only District Level Committee constituted under the Government Order dated 28.02.2011 has jurisdiction to enter into the validity of caste certificate. It is submitted that if for any reason, the District Magistrate was of the view that petitioners do not belong to Scheduled Tribe category, he should have referred the matter to the District Level Committee, who could scrutinise the caste certificate of the petitioners in the light of the judgement of Apex Court in the case of Km. Madhuri Patil and Another Vs. Additional Commissioner, Tribal Development and others AIR 1995 SC 94. Accordingly, it is contended that impugned order is without jurisdiction.

8. Learned Standing Counsel would contend that the District Magistrate, Ghazipur has given elaborate reason after appreciating the evidence on record that petitioners do not belong to Scheduled Tribe category rather they belong to O.B.C. category, therefore, there is no illegality in the impugned order. He further contends that in order to comply with the direction of this Court passed in Writ-C No.43987 of 2023 to consider the grievance of the petitioners with regard to uploading of caste certificate in English language, the District Magistrate is under obligation to verify the caste certificate, and if on verification, he finds that caste certificate of the petitioners is genuine, he could pass an order for uploading the caste certificate in English format. Accordingly, it is submitted that this Court may refrain from interfering with the impugned order under Article 226 of the Constitution of India.

9. Be that as it may, the law is no more res-integra that it is only District Level Committee constituted under the Government Order dated 28.02.2011, who has jurisdiction to scrutinise the validity of caste certificate. The law does not confer any such power upon the District Magistrate to enter into the validity of caste certificate. If on verification, the District Magistrate was of the view that the caste certificate of the petitioners does not appear to be genuine, and petitioners are not entitled to be issued a caste certificate of Scheduled Tribe category as they belong to Other Backward Classes, the District Magistrate should have referred the matter to the District Level Committee, who after following the guidelines laid down in the judgement of Apex Court in the case of Km. Madhuri Patil (supra) and procedure 3 WRIC No. 43283 of 2025 prescribed for cancelling the caste certificate could have passed an order for cancelling the caste certificate.

10. Since, the District Magistrate does not have any such power to enter into the validity of caste certificate, therefore, District Magistrate lacks inherent jurisdiction to enter into the validity of caste certificate.

11. Accordingly, we are of the view that impugned order cannot be sustained in law and is hereby set aside. We remit the matter to the respondent no.3- District Magistrate, Ghazipur to consider the grievance of the petitioners for uploading the caste certificate in English format on website, and if for any reason, the District Magistrate is of the view that petitioners are not entitled to issuance of caste certificate of Scheduled Tribe category, he would refer the matter to the District Level Committee, who has domain to scrutinise the fact as to whether petitioners belong to Scheduled Tribe category or Other Backward Classes. The District Magistrate shall complete the aforesaid exercise within a period of one month from the date of production of certified copy of this order.

12. Thus, for the reasons given above, the writ petition is allowed subject to observations made above. There shall be no order as to costs.

13. It is made clear that if there is any concealment of fact by the petitioners in obtaining the present order, the respondents shall have the liberty to file recall application to recall the said order. December 10, 2025 Sattyarth (Sudhanshu Chauhan,J.) (Saral Srivastava,J.)