Hon'ble S.C. Chaurasia,J. :— Rejoinder affidavit filed on behalf of the petitioner is taken on record. Heard Dr. L.P. Misra, learned counsel for the petitioner, Sri Gopal Pandey, learned counsel for the opposite party no. 4, learned Standing Counsel and perused the record. With the consent of learned counsel for the parties, we proceed to decide the writ petition finally at the admission stage. The instant writ petition under Article 226 of the Constitution of India has been preferred against the impugned order dated 12.01.2012 passed by the opposite party no. 3, Tehsildar, Tehsil Gola Gokarannath, District-Lakhimpur Kheri, by which, opposite party no. 3 has cancelled the caste certificate issued to the petitioner holding that petitioner does not belong to Scheduled Caste Category. The caste certificate issued earlier has been cancelled by the impugned order. Learned counsel for the petitioner has invited attention of this Court towards the judgment of Hon'ble Supreme Court reported in (1994) 6 Supreme Court Cases 241, Kumar Madhuri Patil and another Vs. Additional Commissioner, Tribal Development and others followed by subsequent judgment reported in (1997) 5 Supreme Court Cases 437, Kumari Madhuri Patil and another Vs. Additional Commissioner, Tribal Development, Thane and others. Attention of this Court has been invited towards para 13 of the aforesaid judgment reported in (1994) 6 Supreme Court Cases 241, Kumar Madhuri Patil and another Vs. Additional Commissioner, Tribal Development and others(surpa), whereby the Hon'ble Supreme Court has issued following guidelines for issuance of social status certificate. The para 13 of the aforesaid judgment is reproduced as under:- "13. The admission wrongly gained or appointment wrongly obtained on the basis of false social status certificate necessarily has the effect of depriving the genuine Scheduled Castes or Scheduled Tribes or OBC candidates as enjoined in the Constitution of the benefits conferred on them by the Constitution. The genuine candidates are also denied admission to educational institutions or appointments to office or posts under a State for want of social status certificate. The ineligible or spurious persons who falsely gained entry resort to dilatory tactics and create hurdles in completion of the inquiries by the Scrutiny Committee. It is true that the applications for admission to educational institutions are generally made by a parent, since on that date many a time the student may be a minor. It is the parent or the guardian who may play fraud claiming false status certificate. It is true that the applications for admission to educational institutions are generally made by a parent, since on that date many a time the student may be a minor. It is the parent or the guardian who may play fraud claiming false status certificate. It is, therefore, necessary that the certificates issued are scrutinised at the earliest and with utmost expedition and promptitude. For that purpose, it is necessary to streamline the procedure for the issuance of social status certificates, their scrutiny and their approval, which may be the following: 1. The application for grant of social status certificate shall be made to the Revenue Sub-Divisional Officer and Deputy Collector or Deputy Commissioner and the certificate shall be issued by such officer rather than at the Officer, Taluk or Mandal level. 2. The parent, guardian or the candidate, as the case may be, shall file an affidavit duly sworn and attested by a competent gazetted officer or non-gazetted officer with particulars of castes and sub-castes, tribe, tribal community, parts or groups of tribes or tribal communities, the place from which he originally hails from and other particulars as may be prescribed by the Directorate concerned. 3. Application for verification of the caste certificate by the Scrutiny Committee shall be filed at least six months in advance before seeking admission into educational institution or an appointment to a post. 4. All the State Governments shall constitute a Committee of three officers, namely, (1) an Additional or Joint Secretary or any officer higher in rank of the Director of the department concerned, (11) the Director, Social Welfare/Tribal Welfare/Backward Class Welfare, as the case may be, and (III) in the case of Scheduled Castes another officer who has intimate knowledge in the verification and issuance of the social status certificates. In the case of the Scheduled Tribes, the Research Officer who has intimate knowledge in identifying the tribes, tribal communities, parts of or groups of tribes or tribal communities. 5. Each Directorate should constitute a vigilance cell consisting of Senior Deputy Superintendent of Police in over-all charge and such number of Police Inspectors to investigate into the social status claims. The Inspector would go to the local place of residence and original place from which the candidate hails and usually resides or in case of migration to the town or city, the place from which he originally hailed from. The Inspector would go to the local place of residence and original place from which the candidate hails and usually resides or in case of migration to the town or city, the place from which he originally hailed from. The vigilance officer should personally verify and collect all the facts of the social status claimed by the candidate or the parent or guardian, as the case may be. He should also examine the school records, birth registration, if any. He should also examine the parent, guardian or the candidate in relation to their caste etc. or such other persons who have knowledge of the social status of the candidate and then submit a report to the Directorate together with all particulars as envisaged in the pro forma, in particular, of the Scheduled Tribes relating to their peculiar anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies, method of burial of dead bodies etc. by the castes or tribes or tribal communities concerned etc. 6. The Director concerned, on receipt of the report from the vigilance officer if he found the claim for social status to be "not genuine" or 'doubtful' or spurious or falsely or wrongly claimed, the Director concerned should issue show-cause notice supplying a copy of the report of the vigilance officer to the candidate by a registered post with acknowledgement due or through the head of the educational institution concerned in which the candidate is studying or employed. The notice should indicate that the representation or reply, if any, would be made within two weeks from the date of the receipt of the notice and in no case on request not more than 30 days from the date of the receipt of the notice. In case, the candidate seeks for an opportunity of hearing and claims an inquiry to be made in that behalf, the Director on receipt of such representation/reply shall convene the committee and the Joint/Additional Secretary as Chairperson who shall give reasonable opportunity to the candidate/parent/guardian to adduce all evidence in support of their claim. A public notice by beat of drum or any other convenient mode may be published in the village or locality and if any person or association opposes such a claim, an opportunity to adduce evidence may be given to him/it. A public notice by beat of drum or any other convenient mode may be published in the village or locality and if any person or association opposes such a claim, an opportunity to adduce evidence may be given to him/it. After giving such opportunity either in person or through counsel, the Committee may make such inquiry as it deems expedient and consider the claims vis-a-vis the objections raised by the candidate or opponent and pass an appropriate order with brief reasons in support thereof. 7. In case the report is in favour of the candidate and found to be genuine and true, no further action need be taken except where the report or the particulars given are procured or found to be false or fraudulently obtained and in the latter event the same procedure as is envisaged in para 6 be followed. 8. Notice contemplated in para 6 should be issued to the parents/guardian also in case candidate is minor to appear before the Committee with all evidence in his or their support of the claim for the social status certificates. 9. The inquiry should be completed as expeditiously as possible preferably by day-to-day proceedings within such period not exceeding two months. If after inquiry, the Caste Scrutiny Committee finds the claim to be false or spurious, they should pass an order cancelling the certificate issued and confiscate the same. It should communicate within one month from the date of the conclusion of the proceedings the result of enquiry to the parent/guardian and the applicant. 10. In case of any delay in finalising the proceedings, and in the meanwhile the last date for admission into an educational institution or appointment to an officer post, is getting expired, the candidate be admitted by the Principal or such other authority competent in that behalf or appointed on the basis of the social status certificate already issued or an affidavit duly sworn by the parent/guardian/candidate before the competent officer or non-official and such admission or appointment should be only provisional, subject to the result of the inquiry by the Scrutiny Committee. 11. The order passed by the Committee shall be final and conclusive only subject to the proceedings under Article 226 of the Constitution. 12. No suit or other proceedings before any other authority should lie. 13. 11. The order passed by the Committee shall be final and conclusive only subject to the proceedings under Article 226 of the Constitution. 12. No suit or other proceedings before any other authority should lie. 13. The High Court would dispose of these cases as expeditiously as possible within a period of three months. In case, as per its procedure, the writ petition/miscellaneous petition/matter is disposed of by a Single Judge, then no further appeal would lie against that order to the Division Bench but subject to special leave under Article 136. 14. In case, the certificate obtained or social status claimed is found to be false, the parent/guardian/the candidate should be prosecuted for making false claim. If the prosecution ends in a conviction and sentence of the accused, it could be regarded as an offence involving moral turpitude, disqualification for elective posts or offices under the State or the Union or elections to any local body, legislature or Parliament. 15. As soon as the finding is recorded by the Scrutiny Committee holding that the certificate obtained was false, on its cancellation and confiscation simultaneously, it should be communicated to the educational institution concerned or the appointing authority by registered post with acknowledgement due with a request to cancel the admission or the appointment. The Principal etc. of the educational institution responsible for making the admission or the appointing authority, should cancel the admission/appointment without any further notice to the candidate and debar the candidate from further study or continue in office in a post." A plain reading of the direction issued by the Hon'ble Supreme Court reveals that their Hon'ble Supreme Court has directed to constitute the committee of three officers to ascertain the status certificate. Later on, aforesaid judgment has been further modified in the year 1997(supra) directing to constitute the committee consisting of five persons. The relevant portion of the judgment reported in (1997) 5 Supreme Court Cases 437, Kumari Madhuri Patil and another Vs. Additional Commissioner, Tribal Development, Thane and others, is reproduced as under:- "3. As regards prayer (b) read with direction No. (iv) of the Order of this Court, we too appreciate the inconvenience caused due to vast area of the State. The relevant portion of the judgment reported in (1997) 5 Supreme Court Cases 437, Kumari Madhuri Patil and another Vs. Additional Commissioner, Tribal Development, Thane and others, is reproduced as under:- "3. As regards prayer (b) read with direction No. (iv) of the Order of this Court, we too appreciate the inconvenience caused due to vast area of the State. Therefore, instead of one Committee of three officers, there will be three Scheduled Tribe/Caste Scrutiny Committees comprising of five members with quorum of three members, as suggested in para 4 of the directions, to take a decision. At Pune, Nasik and Nagpur, six Caste Scrutiny Committees for SCs. Denotified Tribes, Nomadic Tribes, Other Backward Classes and the Special Backward Category in existence at Mumbai, Pune, Nasik, Aurangabad, Amravati and Nagpur would continue to scrutinise the certificate issued by the respective officers and take a decision in that behalf. In this regard, it is also suggested by Shri Dholakia, learned Senior Counsel for the applicant, that in case any certificate has been wrongfully refused by the certificate issuing authority, the aforestated Committees also would go into the question and decide in that behalf, whether refusal was wrongful and in case it finds that the refusal was wrongful they are at liberty to direct the authority to grant the certificate. 4. With regard to prayer (c) also, we feel that the Caste Scrutiny Committees for Social Welfare, Cultural Affairs and Sports Department should comprise of Additional Commissioner (Revenue)-Chairman of the Revenue Division concerned; Divisional Social Welfare Officer-Mmber; and Research Officer as a Welfare Officer-Member Secretary to function in that behalf." While passing the impugned order, The Tehsildar should have referred the matter to the committee after recording his finding and the Committee constituted in pursuance to the judgment of Hon'ble Supreme Court should have taken appropriate decision. Tehsildar seems to lack jurisdiction to adjudicate the controversy. In view of above, we set aside the impugned order dated 12.01.2012 and remit the matter back to the opposite parties. The opposite parties shall constitute the Committee in terms of aforesaid judgment of Hon'ble Supreme Court for adjudicating the controversy, in case, already not constituted. We have been informed that petitioner wants to contest the election of Legislative Assembly and the last date for filing nomination paper is 06.02.2012. The opposite parties shall constitute the Committee in terms of aforesaid judgment of Hon'ble Supreme Court for adjudicating the controversy, in case, already not constituted. We have been informed that petitioner wants to contest the election of Legislative Assembly and the last date for filing nomination paper is 06.02.2012. Let the Committee take its decision on or before 04.02.2012 in the light of aforesaid judgment of Hon'ble Supreme Court. The decision so taken, shall be communicated immediately to the petitioner on or before 05.02.2012. Writ petition is allowed accordingly. No order as to costs Let the certified copy of the order be provided to the learned counsel for the parties on payment of usual charges by tomorrow itself. Office shall make necessary arrangement for providing certified copy of the order to learned counsel for the parties. ____________