Chapa v. The State of West Bengal & Ors.

After hearing learned counsel, it appears that there has been statutory amendment to the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Act, 1994 in the form of Section 8A which brought into the Act with effect from 10th May, 2007. Under Section 8A(1), the State Government may by an order constitute a Committee to be called the State Scrutiny Committee for verification of social status of a person in whose favour a Certificate is issued. The constitution of the Committee has been given under the Section 8A(2) and is to be a 3-Member Committee. Under Section 8A(3), the Committee is empowered to verify the social status of the person concerned and to issue direction to Vigilance Cell constituted under Section 8B and to make inquiry 3 and call for information in relation to contravention of any provision of the 1994 Act. The other powers of the Committee are enumerated under the said sub-section. Since the impugned order reflects that the SDO came to a conclusion prima facie that the Certificate was obtained by furnishing false information, the SDO was not empowered to take a unilateral decision in contravention of Sections 8A(1) –(3) of the 1994 Act. The Supreme Court decision in Kumari Madhuri Patil, (1994) 6 SCC 241 also sets out a procedure for cancellation of a Caste Certificate. It is evident that such procedure was not followed in the present case. WPA 26675 of 2022 is accordingly disposed of by quashing the impugned order of the SDO dated 21st October, 2022. The respondent no. 1, being the Principal Secretary Backward Class Welfare and Tribal Development Department is, therefore, directed to take the steps as provided under Section 8A of the 1994 Act for verifying the information furnished by the petitioner and as to whether the Certificate was obtained by misrepresentation as found by the SDO. The exercise as directed should be completed within eight weeks from today but not later than 10th February, 2023. A copy of the 4 decision shall be made available to the petitioner within a week from the date on which such decision is made by the concerned Authorities. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings. (Moushumi Bhattacharya, J.)