JUDGMENT AND ORDER : 1. By filing this writ petition the petitioner challenged show cause notice issued by the Member-Secretary (Director for Welfare of SCs & OBCs, Tripura) dated 22.07.2010 (Annexure-P2 to the writ petition) and order dated 21.05.2011 (Annexure-P6 to the writ petition) issued by the State Level Scrutiny Committee (for short, SLSC) in respect of caste status certificate of the petitioner and prayed for setting aside and/or quashing the same. 2. Heard learned counsel, Mr. Somik Deb for the petitioner and learned Addl. G.A., Mr. S. Chakraborty for the respondents. 3. In the writ petition the petitioner questioned the cancellation order passed by the SLSC on different grounds but at the time of hearing learned counsel, Mr. Deb insisted the writ petition only on one point that the impugned order of the SLSC is void since the SLSC has no jurisdiction to entertain the inquiry against the petitioner and the law does not permit the SLSC to take up any such inquiry. 4. It is not in dispute that a caste status certificate was issued in the name of the petitioner by the Sub-Divisional Officer, Belonia in the year 1990 certifying that the petitioner belonged to ‘Mahishya Das’ community which is recognized as a Scheduled Caste community in the State of Tripura. A copy of that caste certificate is annexed as Annexure-P1 to the writ petition. 5. The Member-Secretary (Director for Welfare of Scheduled Castes & OBC, Tripura) issued a show cause notice to the petitioner dated 22.07.2010 asking him to show cause as to why that certificate should not be cancelled and following that show cause notice the petitioner submitted show cause reply and thereafter an inquiry was conducted and after inquiry the SLSC passed the impugned order dated 21.05.2011 and thereby arrived at a finding that the petitioner does not belong to Scheduled Castes community and therefore directed cancellation of the caste certificate issued in the name of the petitioner. 6. It is the candid submission of learned counsel, Mr. Deb that the Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991 prescribes the facility of reservation in respect of appointment/promotion in the services and posts as well as in respect of admission, etc. in the educational institutions or other institutions. 6. It is the candid submission of learned counsel, Mr. Deb that the Tripura Scheduled Castes and Scheduled Tribes Reservation Act, 1991 prescribes the facility of reservation in respect of appointment/promotion in the services and posts as well as in respect of admission, etc. in the educational institutions or other institutions. Such caste status certificate is issued by a competent authority and that competent authority is defined in Rule 3 of the Tripura Scheduled Castes & Scheduled Tribes Reservation Rules, 1992(for short, Rules of 1992). Rule 4 prescribes the power of verification of the caste status certificate and only the authority which has been prescribed in Rule 4, according to Mr. Deb, has the power to initiate verification of a caste status certificate and the SLSC cannot by itself take up verification of a caste status certificate based on any complaint or otherwise. According to Mr. Deb, if the SLSC alone is authorized to take up sou motu verification of caste status certificate for cancellation, the provision contained in Rule 4 shall be otiose and will be of no use. According to Mr. Deb, once a verification matter is referred to the SCSC they can proceed with the inquiry for such verification, and unless it is referred by the appropriate authority as mentioned in Rule 4, the SLSC cannot usurp the power of verification for the purpose of cancellation or otherwise, of a caste status certificate and thereby cancel such a certificate. Since in the present case, the SLSC was not authorized by the appropriate authority as mentioned in Rule 4, the order of cancellation passed by the SLSC is beyond jurisdiction and hence it is liable to be interfered and set aside. 7. Learned Addl. G.A., Mr. Chakraborty on the other hand has submitted that Rule 4 only prescribes the provision for verification of caste status certificate by the appointing authority or any other authority who is supposed to accept a caste status certificate. That provision does not mean that unless the appointing authority or any other authority who is acting upon a caste status certificate refers the matter to the SLSC, the SLSC cannot take up verification of a caste status certificate for the purpose of cancellation. 8. The constitutional mandate to afford opportunities to the backward communities by way of reservation has to be implemented strictly in accordance with the provisions prescribed by law. 8. The constitutional mandate to afford opportunities to the backward communities by way of reservation has to be implemented strictly in accordance with the provisions prescribed by law. It has to be ensured that the benefit of such benevolent provision meant for the socially and economically backward groups are not stolen away by the other people. 9. The Supreme Court in the case of Kumari Madhuri Patil and Another vs. Addl. Commissioner, Tribal Development and Others, (1994) 6 SCC 241 has laid down the law regarding the procedure to be followed for verification of a caste status certificate. In the case of Director of Tribal Welfare, Government of A.P. vs. Laveti Giri and Another, (1995) 4 SCC 32 , the Supreme Court while reiterating its earlier judgment in Kumari Madhuri Patil (supra) has further observed that the burden of proof of social status is always on the person who professes it to seek constitutional socioeconomic advantages and in that case it was clearly held that it was not the duty of the State to disprove or otherwise. In a subsequent case in Dayaram vs. Sudhir Batham and Others, (2012) 1 SCC 333 , a three Judges’ Bench of the Apex Court reiterated its earlier finding in Kumari Madhuri Patil (supra) and in Laveti Giri (supra) and only interfered in direction No. 13 given in Kumari Madhuri Patil (supra). 10. The State of Tripura has made the Tripura Scheduled Castes & Schedules Tribes Reservation Act, 1991 and thereunder made the Tripura Scheduled Castes & Scheduled Tribes Rules, 1992. The Act has prescribed provision for reservation and the Rules prescribed the procedure for issuing caste status certificate as well as for verification of such caste status certificate and cancellation of the same, etc. 11. Rule 2(g) defines the words, “Scrutiny Committee” thus— “2(g) “Scrutiny Committee” means a committee constituted by the State Government for verification of community status and cancellation of community certificates.” 12. Rule 3 prescribes the procedure as to how one shall prove the caste status. It reads as follows: “3. Proof of Caste or Tribal Status. The claim that one belongs to Scheduled Caste or Scheduled Tribe shall be proved by a caste or Tribe certificate issued by the competent authority in Form1. Rule 3 prescribes the procedure as to how one shall prove the caste status. It reads as follows: “3. Proof of Caste or Tribal Status. The claim that one belongs to Scheduled Caste or Scheduled Tribe shall be proved by a caste or Tribe certificate issued by the competent authority in Form1. The [Sub-Divisional Magistrate] of the area where an applicant ordinarily resides will be the competent authority to issue a Scheduled Caste or Scheduled Tribe certificate.” According to the above provision, the Sub-Divisional Magistrate of an area is the competent authority to issue a caste status certificate. 13. Rule 4 prescribes the provision for verification of caste status certificate. It reads as follows: “4. Further verification of claims of Scheduled Castes and Scheduled Tribes. (1) An appointing authority shall verify the caste status of every Scheduled Caste or Scheduled Tribe candidate both at the time of initial appointment and again at the time of promotion to ensure that the Caste which a candidate belongs to has not been de-scheduled after his initial appointment or the candidate has not otherwise become disentitled to the benefits and concessions given to the Scheduled Castes and Scheduled Tribes. (2) An appointing authority or any other authority who is supposed to accept one’s claim to belong to Scheduled Caste or to Scheduled Tribes, if it so considers for any reason to verify the claim of a Scheduled Caste or Scheduled Tribe candidate, may do it through the [Director for Welfare of] Scheduled Castes/Scheduled Tribes as the case may be. (3) & (4) (Deleted)” 14. Learned counsel, Mr. Deb heavily relied on the above provision and according to him the appointing authority or any other authority who is supposed to accept one’s claim of belonging to Scheduled Caste or Scheduled Tribe shall verify the caste status certificate and such verification shall be made through the Director of Welfare of Scheduled Castes and Scheduled Tribes, etc. Mr. Deb submits that the above rule does not empower the SLSC to entertain verification of a caste status certificate and so the cancellation order dated 21.05.2011 (Annexure-P6 to the writ petition) passed by the SLSC is in violation of the provision of Section 4 and as such liable to be set aside and quashed. 15. Rule 6 prescribes the provision for cancellation of Scheduled Caste & Scheduled Tribes certificate which reads as follows: “6. 15. Rule 6 prescribes the provision for cancellation of Scheduled Caste & Scheduled Tribes certificate which reads as follows: “6. Cancellation of Scheduled Caste or Scheduled Tribe certificate An authority who issued a Scheduled Caste Certificate or Scheduled Tribe certificate to any one may, at a subsequent stage cancel it, if after an enquiry and after giving the party concerned an opportunity of being heard, it finds that the person to whom the Community Certificate was issued does not actually belong to the Scheduled Caste or the Scheduled Tribe, as the case may be. Provided that in cancelling a Scheduled Caste Certificate, the issuing authority shall obtain the views of the concerned Block Level or Nagar Panchayat Level or Municipal Level Scheduled Castes Welfare Sub-Committee and in cancelling a Scheduled Tribe certificate, the issuing authority shall obtain the views of the Sub-Divisional Level Scheduled Tribes Welfare Sub-Committee, if any, constituted by the Government, as to whether the certificate holder belongs to Scheduled Caste or Scheduled Tribe and the views so given by the Scheduled Castes Welfare or Scheduled Tribes Welfare Sub-Committee shall form a part of the order cancelling the certificate in question. Provided further that the Scrutiny Committee shall also be competent to cancel a community certificate issued by a competent authority. For arriving at a decision whether the community certificate in question shall be cancelled or not, the Scrutiny Committee shall follow the procedure prescribed in Rule 7A hereinafter along with reports/records obtained from the competent authority. 16. Rules 7A prescribes constitution, powers and functions of the Scrutiny Committee which reads as follows: “7A Constitution, Powers and Functions of the Scrutiny Committee. 16. Rules 7A prescribes constitution, powers and functions of the Scrutiny Committee which reads as follows: “7A Constitution, Powers and Functions of the Scrutiny Committee. (1) At the State Level there shall be two Scrutiny Committees as follows: (a) For verification of community status of Scheduled Caste Certificate holders, the Scrutiny Committee shall consist of:- (i) The Secretary-in-charge of Department for Welfare of Scheduled Castes, Other Backward Classes and Minorities Chairman (ii) The Director for Welfare of Scheduled Castes and Other Backward Classes Member- Secretary (iii) Joint Secretary or Deputy Secretary of the Law Department Member (iv) Additional Director or Joint Director or Deputy Director for Welfare of Scheduled Castes & Other Backward Classes Member (b) For verification of community status of Scheduled Tribe certificate holders, the Scrutiny Committee shall consist of:- (i) The Secretary-in-charge of the Tribal Welfare Department Chairman (ii) The Director for Welfare of Scheduled Tribes Member- Secretary (iii) The Director, Tribal Research Institute Member (iv) Joint Secretary or Deputy Secretary of the Law Department Member (2) Director of Vigilance shall constitute a vigilance cell consisting of Senior Deputy Superintendent of Police in overall charge and such number of Police Inspectors and Sub-Inspectors to investigate into the community status and claims as may be required. (3) The Investigating Officer 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. He should personally verify and collect all the facts of the social status claimed by the certificate holder 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 certificate holder in relation to their caste etc. or such other persons who have knowledge of the community status of the certificate holder and submit a report to the Director of Vigilance who will verify the correctness of the report and transmit it to the Member-Secretary of the Scrutiny Committee concerned together with all particulars as envisaged in the proforma, 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. by the castes or tribes or tribal communities concerned etc. (4) The Member-Secretary of the Scrutiny Committee concerned, on receipt of the report from the Director of Vigilance if finds the claim for community status is not genuine or doubtful or spurious or falsely or wrongly claimed, the Member-Secretary concerned shall issue show-cause notice supplying a copy of the report of the vigilance officer to the community certificate holder by a registered post with acknowledgement due or through the head of the institution or office concerned in which the certificate holder 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 receipt of the notice. In case, the certificate holder seeks an opportunity of hearing and claims an inquiry to be made in that behalf, the Member-Secretary on receipt of such representation or reply shall convene the meeting of the committee and the Chairperson of the Committee shall give a reasonable opportunity to the certificate holder and in case the certificate holder is a minor to the parent or guardian to adduce all evidences in support of his claim. A public notice by beat of drum or any other convenient mode may also be published in the village or locality and if any person or association opposes such a claim, an opportunity to adduce evidence may also be given to him or it. After giving such opportunity 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 certificate holder or opponent and pass an appropriate order with brief reasons in support thereof. Provided that in case a certificate holder engages a legal practitioner to represent his case before the Scrutiny Committee, the Director for Welfare of Scheduled Castes and Other Backward Classes or the Director for Welfare of Scheduled Tribes as the case may be, may engage a lawyer. Provided further that before passing a final order, the Committee shall also take into consideration the local enquiry report of the Sub-Divisional Magistrate and opinion of the Sub-Committee concerned. Provided further that before passing a final order, the Committee shall also take into consideration the local enquiry report of the Sub-Divisional Magistrate and opinion of the Sub-Committee concerned. (5) In case the report is in favour of the certificate holder 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 sub-rule (4) shall be followed. (6) 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, the Committee shall pass an order cancelling the certificate issued and confiscate the same. The Committee shall communicate within one month from the date of the conclusion of the proceedings the result of enquiry to the certificate holder and in case the certificate holder is a minor to his parent or guardian. (7) 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 office or post is getting expired, the certificate holder be admitted by the Principal or such other authority competent in that behalf or appointed on the basis of the community status certificate already issued, on an affidavit duly sworn by the parent or guardian or certificate holder before the competent officer or nonofficial and such admission or appointment should be only provisional, subject to the result of the inquiry by the Scrutiny Committee. (8) In case, the certificate obtained or community status claimed is found to be false, the parent or guardian or certificate holder as the case may be, shall be prosecuted for making the false claim. If the prosecution ends in a conviction and sentence of the accused, it shall be regarded as an offence involving moral turpitude, a disqualification for elective posts. (9) As soon as the findings is recorded by the Scrutiny Committee holding that the certificate obtained was false and the certificate is cancelled and confiscated, it shall be communicated to the head of the Educational institution concerned or the appointing authority by registered post with acknowledgement due with a request to cancel the admission or the appointment. (9) As soon as the findings is recorded by the Scrutiny Committee holding that the certificate obtained was false and the certificate is cancelled and confiscated, it shall be communicated to the head of 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 head of the educational institution responsible for making the admission or the appointing authority, shall cancel the admission or appointment as the case may be without any further notice to the certificate holder and debar him from further study or continue in office in a post.” 17. Rule 4, in my opinion, prescribes provision to verify the caste status certificate by the appointing authority or by any other authority who is supposed to accept a caste status certificate. This rule does not in any way mean that the competent authority i.e. the authority which issued the caste status certificate or the SLSC which has been authorized by the Statute to inquire about a caste status certificate for the purpose of cancellation/ validation, has got no power to inquire into a caste status certificate unless referred by the appointing authority or any other authority as contemplated in Rule 4. Rule 4, in my opinion is a provision independent of the provision prescribed in Rule 6 and 7A. The issuing authority obviously has the power to cancel the certificate. The SLSC as defined in Rule 2(g) has also been authorized for verification of the caste status certificate and cancellation of such certificate. An in-depth reading of Rule 4 makes it abundantly clear that in case of appointing a person having a caste status certificate, the appointing authority or the authority, who is supposed to accept such a caste status certificate for any purpose, has to verify it to ascertain the genuinity of the caste status certificate and while doing so, if they so consider, they may do it through Director for Welfare of Scheduled Castes & Scheduled Tribes, which clearly means that the appointing authority or any other authority who is going to use such a certificate can conduct the verification by themselves or may do such verification through the Director of Welfare of Scheduled Castes and Scheduled Tribes. This rule can in no way abrogate the power of the issuing authority of the certificate or the power of the SLSC to verify a caste status certificate for the purpose of cancellation or validation. 18. It is a settled law that verification of caste status certificate may be made at any time. There is no time limit prescribed for such verification. 19. Rule 6 clearly stipulates that the issuing authority of the caste certificate at any subsequent stage may cancel the certificate after inquiry according to the procedures prescribed in the Rules. The second proviso to Rule 6 also clearly prescribes that the SLSC also competent to cancel a community certificate after following the procedures as prescribed in Rule 7A. 20. The argument advanced by learned counsel, Mr. Deb that unless the appointing authority or any other authority who is supposed to accept a caste status certificate refers the matter to the Director of Scheduled Castes and Scheduled Tribes, the verification cannot be entertained, in my considered opinion, does not seem to be a good argument to be accepted to oust jurisdiction of the competent authority i.e. the issuing authority of the certificate or that of the jurisdiction of the SLSC. 21. A caste status certificate is used for the purpose of employment, promotion, admission in educational institutions and for many other purposes. Any appointing authority or other authority, while acting upon such certificate has an obligation to verify its authenticity. It is one of the particular aspects as contemplated in the rules. Rule 6 prescribes provision regarding cancellation of a caste status certificate and that too authorizes the issuing authority as well as the SLSC to entertain the matter of cancellation in accordance with the procedure prescribed in the rules. Obviously, the directions issued by the Apex Court time to time have to be followed. 22. Rule 6 prescribes provision regarding cancellation of a caste status certificate and that too authorizes the issuing authority as well as the SLSC to entertain the matter of cancellation in accordance with the procedure prescribed in the rules. Obviously, the directions issued by the Apex Court time to time have to be followed. 22. In the present case, I find the show cause notice was issued by the Member-Secretary i.e. the Director of Welfare for Scheduled Castes and Scheduled Tribes who is the Member Secretary as contemplated in Rule 7A of the Rules, and the show cause reads as follows: “CONFIDENTIAL GOVERNMENT OF TRIPURA MEMBER-SECRETARY STATE LEVEL SCRUTINY COMMITTEE (DIRECTORATE FOR WELFARE OF SCs & OBCs) TRIPURA, AGARTALA No. 7327/F. 2138 (BLN51) SCW/GL/98 Dated 22.7.2010 SHOW CAUSE NOTICE WHEREAS a S.C. Certificate bearing No. 739/SDO/BLN/CTZN/90 dated 1.11.90 was issued to Sri Ashok Das S/O Sri Promode Ch. Das of Ballamukha, PSBelonia, South Tripura by the Sub-Divisional Officer, Belonia South Tripura; AND WHEREAS a complaint was received against said Sri Ashok Das S/O. Sri Promode Ch. Das of Ballamukha, PS Belonia, South Tripura for obtaining Scheduled Caste Certificate by misrepresentation of facts; AND WHEREAS an enquiry was conducted by the Vigilance for ascertaining the Caste status of the said certificate holder and the report of the Dy. Supdt. of Police, Vigilance dated 9.3.2005 indicates that said Sri Ashok Das belongs to Barui Community which is not recognized as Scheduled Caste in Tripura(Copy of the report enclosed); AND WHEREAS the SC Welfare Sub-Committee of Rajnagar Block took a resolution on 2820002 wherein it was indicated that said Sri Ashok Das does not belongs to Sch. Caste community. AND WHEREAS the undersigned on perusal of the records and after taking into consideration the above mentioned facts in prima facie satisfied that the caste status of said Sri Ashok Das appears to be doubtful and proposes to cancell the said certificate. Now, THEREFORE, the said Sri Ashok Das is hereby given an opportunity to make representation or reply if any, in writing with relevant records/evidences within 2(two) weeks from the date of receipt of this notice, failing which it shall be presumed that he has got nothing to represent or reply on the issue and a decision shall be taken exparte accordingly. He is also at liberty to seek personal hearing and may mention this in his representation. He is also at liberty to seek personal hearing and may mention this in his representation. Enclo: As stated Member-Secretary (Director for Welfare of Sch. Castes & OBCs) Tripura, Agartala (i) Vigilance Report dated 90305 12(twelve sheets) (ii) Report of SC Welfare Rajnagar Block 2(Two sheets) (iii) Copy of complaint (One sheets). To, Sri Ashok Das S/O. Sri Promode Ch. Das of Ballamukah, PS Belonia, South Tripura.” 23. The petitioner thereafter submitted show cause reply, a copy of which is annexed as Annexure-P3 to the writ petition. It appears, the petitioner earlier also challenged the show cause notice dated 22.07.2010 by filing WP (C) No. 565 of 2010 and that writ petition was disposed of by an agreed order dated 05.01.2011. The SLSC thereafter inquired into the matter and passed the impugned order dated 21.05.2011 and cancelled the caste status certificate of the petitioner. The order is found to be well-reasoned and does not call for any interference. 24. In my considered opinion, the State Level Scrutiny Committee has the authority to entertain an inquiry in respect of cancellation of a caste status certificate on receipt of a complaint or from a reference from the Directorate of Scheduled Castes and Scheduled Tribes Welfare as well as from any other source. I find no jurisdictional infirmity of SLSC in the present case. 25. The writ petition is therefore found to be devoid of merit and hence stands dismissed. Parties are to bear their own costs.