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2016 DIGILAW 2574 (ALL)

Pradeep Kumar Gond v. State of U. P.

2016-07-26

MAHESH CHANDRA TRIPATHI, V.K.SHUKLA

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JUDGMENT Pradeep Kumar Gond is before this Court assailing the order dated 01.12.2015 passed by the Respondent No.3, Tehsildar, Tehsil-Sadar, District Azamgarh. As per record this much is reflected that the petitioner had earlier filed Writ Petition No.5122 of 2016 (Pradeep Kumar Gond Vs. State of U.P. & 4 others) and the Division Bench of this Court after obtaining requisite instructions from the learned Standing Counsel and taking into note that in the present matter there is a serious dispute as to whether the petitioner falls under scheduled tribe category or not, vide order dated 25.02.2016 had proceeded to dismiss the writ petition with following observations: - "Pradeep Kumar Gond is before this Court with request to issue writ in the nature of mandamus commanding the respondent No.4/5 from insisting the petitioner to submit new Scheduled Tribe Certificate. On the matter being taken up on 04.02.2016 we proceeded to ask the learned Standing Counsel to obtain requisite instruction in the matter. Today requisite instructions in question have been received and therein it has mentioned that there is a serious dispute as to whether the petitioner falls under Scheduled Tribe category or not, in this regard detailed exhaustive decision has been taken on 01.12.2015 by the Tehsildar, (Sadar) Azamgarh declining issuing of caste certificate in favour of the petitioner under Scheduled Tribe category. Once such is the factual situation that is so emerging that order has been passed by the Tehsildar, (Sadar) Azamgarh on 01.12.2015 declining to issue caste certificate in favour of the petitioner on the premises that he does not fall under the category of Scheduled Tribe, then as far as we are concerned, no relief can be accorded to the petitioners by us once such view has been expressed by the Tehsildar, (Sadar) Azamgarh. However, it is always expected that the said order can always be subjected to challenge before appropriate forum in accordance with law. Writ petition is dismissed." From the record it is reflected that the Tehsildar, Tehsil-Sadar, Azamgarh had proceeded to pass an order on 01.12.2015 and declined to issue a caste certificate in favour of the petitioner under scheduled tribe category but at the same time the Court had given leave to the petitioner that the said order can be subjected to challenge before the appropriate forum in accordance with law. Learned Standing Counsel has raised a preliminary objection on the maintainability of the writ petition and has placed reliance on the Government Order dated 28.02.2011, wherein a full fledged mechanism is provided for redressal of such disputes. From a bare perusal of the Government Order dated 28.02.2011 it is clearly reflected that in matters wherein there is a dispute pertaining to caste, then the State Government, in its wisdom, has proceeded to create a three tier system for redressal of such disputes. At the first instance the dispute is to be decided by the District Level Caste Scrutiny Committee, headed by the concerned District Magistrate and, in case, anyone is aggrieved against the decision of district level committee, then remedial forum has been provided for before the Divisional Level Caste Certificate Scrutiny Committee headed by Commissioner as its chairman and after the decision is taken by the said Committee, if anyone has any grievance, then the matter has to travel before the State Government and same is adjudicated by State Level Caste Scrutiny Committee. Consequently, we are of the considered opinion that once there is equal efficacious remedy available to the petitioner, then the petitioner cannot be permitted to by-pass the same. With these observations, writ petition is dismissed.