JUDGMENT : 1. Heard Mr. Rajiv Ranjan, learned senior counsel assisted by Mr. Shreya Mishra, counsel appearing on behalf of the petitioner. 2. Heard Mr. Sachin Kumar, counsel appearing for the Life Insurance Corporation of India. 3. Heard Mr. D.K. Dubey, learned senior standing counsel appearing on behalf of respondent-State. 4. Heard Mr. Kumar Harsh, counsel appearing on behalf of private respondent. 5. W.P. (C) No. 2760 of 2010 has been filed for the following reliefs:- “For quashing the impugned Memo No. 1746 (ii) dated 25.05.2010 (Annexure-7) issued by the District Welfare Officer, Ranchi whereby and whereunder the caste certificate issued to the petitioner (Annexure-2) in the year 1989 has been cancelled; as also for quashing the enquiry report dated 26.10.2009 (Annexure-6) whereby and whereunder the caste certificate issued to the petitioner in the year 1989 has been declared to be a forged document on the basis of an ex-parte enquiry in which the petitioner has not even been noticed and no opportunity of hearing was given to the petitioner before coming to the conclusion by the Enquiry Officer, as also for the issuance of such other writ, order or direction as may appear just and proper for doing conscionable justice to the petitioner and in the interest of justice.” 6. From perusal of the writ petition and from the records of the case it appears that one of the main grievance which was raised by the petitioner was that the impugned order dated 25.05.2010 cancelling the caste certificate issued in favour of the petitioner was passed without any notice to the writ petitioner and without granting any opportunity of hearing to the writ petitioner. 7. Vide order dated 24.07.2013 this court observed that the whole controversy in the writ petition is relating to cancellation of caste certificate issued by District Welfare Officer, Ranchi vide order dated 25th May 2010. This court found that in terms of the judgment passed by the Hon’ble Supreme Court in the case of Kumari Madhuri Patil and Another vs. Additional Commissioner Tribal Development and Others, (1994) 6 SCC 241 the State government has constituted Caste Scrutiny Committee vide notification dated 08.07.2004 to make recommendation for issuance of caste certificate as also to enquire into the instances of issuance of fake caste certificates. In such circumstances, this court vide order dated 24.07.13 thought it proper to remit the matter to the Caste Scrutiny Committee constituted by the State of Jharkhand for taking appropriate decision on the point “whether the petitioner was entitled for issuance of caste certificate on the basis of caste which she claims to belong, and whether she is covered under Presidential Notification as such to seek the status of scheduled caste in the state of Jharkhand or not and whether her caste certificate was fake.” 8. The aforesaid exercise was to be completed by the Caste Scrutiny Committee within a period of 16 weeks and it was directed that the same should be brought on record by filing affidavit. 9. Pursuant to the order dated 24.07.2013 the petitioner duly appeared before the caste scrutiny committee and the caste scrutiny committee subsequently prepared a report dated 24.11.2014. 10. The said report of caste scrutiny committee dated 24.11.2014 was challenged by the petitioner in W.P. (C) No. 2760 of 2010 by filing a petition for amendment vide I.A. No. 3395 of 2015 which was dismissed vide order dated 02.09.2015 on the ground that the same is a separate cause of action and cannot be clubbed together in one writ petition. 11.Thereafter the petitioner challenged the report of the Caste Scrutiny Committee dated 24.11.2014 in the second writ petition being W.P. (C) No. 4922 of 2015 and by the order of this Court, both the matters were clubbed and directed to be heard together. 12. By referring to the facts of the case, the counsel for the petitioner submits that the petitioner was appointed as Apprentice Development Officer by virtue of letter of appointment dated 28.08.1989 issued by the respondent Life Insurance Corporation of India. On the strength of caste certificate issued to the petitioner by District Welfare Officer, Ranchi dated 04.04.1989, the petitioner was appointed by Life Insurance Corporation in the reserve category of Schedule Caste community namely Passi. 13. He further submits that on 26.10.1992 a complaint was filed by the Central Bureau of Investigation (C.B.I.) Ranchi on the alleged ground that the caste certificate of the petitioner was fake and thereafter upon thorough enquiry, C.B.I. submitted final form on 12.7.1993. However, subsequently the matter was reopened at the instance of private respondent and ultimately charge sheet was submitted by the C.B.I. on 26.10.2009. However, subsequently the matter was reopened at the instance of private respondent and ultimately charge sheet was submitted by the C.B.I. on 26.10.2009. On the basis of enquiry report of C.B.I. District Welfare Officer, Ranchi, issued the impugned order of cancellation of caste certificate wherein it was alleged that the petitioner belongs to ‘Khatri’ caste of general category and not to the schedule caste category Passi. This order of cancellation of caste certificate of the petitioner was issued without any notice to the writ petitioner. Counsel for the petitioner submits that the C.B.I. case is still pending and the impugned order could not have been issued on the basis of charge sheet submitted by the C.B.I. and accordingly the impugned order dated 25.05.2010 cancelling the caste certificate of the writ petitioner was uncalled for. However, he submits that the interim order dated 22.07.2010 was issued in favour of the petitioner restraining the respondents from taking any coercive step against the petitioner and by virtue of that, the petitioner has been continuing in service. 14. He submits that as the matter was referred to Caste Scrutiny Committee vide order dated 24.07.2013, therefore, whatever order is ultimately passed in the second writ petition i.e. W.P. (C) No. 4922 of 2015 will ultimately governed the right of the petitioner and the instant writ petition being W.P. (C) No. 2760 of 2010 has almost become infructuous. 15. Counsel for the petitioner further submits that pursuant to the impugned order dated 24.07.2013, the petitioner appeared before the Caste Scrutiny Committee and submitted detailed representation along with number of documents to prove the genuineness of the claim of the petitioner that she belongs to Scheduled Caste category namely ‘Passi’ and the name of ‘Passi’ community appears in the Presidential Order containing the list of scheduled caste in Punjab which is the original place of inhabitation of the petitioner. She also submitted that the caste certificate issued to the father of the petitioner namely Surjit Kumar Passi dated 04.12.1992 was issued by the competent authority in Punjab. Before the Caste Scrutiny Committee she submitted various documents relating to her educational qualification including that of matriculation and other subsequent qualifications, wherein, the name of the petitioner has been shown as Mittu Passi/Mittu Pasi. Before the Caste Scrutiny Committee she submitted various documents relating to her educational qualification including that of matriculation and other subsequent qualifications, wherein, the name of the petitioner has been shown as Mittu Passi/Mittu Pasi. The document relating to family members of the petitioner such as death certificate of father of the petitioner, caste certificate of her uncle, brother of the petitioner etc. were also produced before the caste scrutiny committee. 16. It is the specific case of the petitioner that on 06.11.2013, an order was passed by the Caste Scrutiny Committee, wherein a direction was issued to the Deputy Commissioner, Ranchi, to apprise caste scrutiny committee, as to the real state of affairs in connection with issuance of caste certificate to the petitioner. Pursuant to such order, the Deputy Commissioner wrote a letter dated 20.02.2014 to the Principal Secretary, Personal Administrative Reforms and Rajbhasa Department with a request that detailed enquiry has been ordered to be conducted by Caste Scrutiny Committee and the same may be forwarded to the State of Punjab for on the spot enquiry. Consequently, the enquiry was conducted by the State of Punjab who sent a report dated 31.03.2014 to the Personal Administrative Reforms and Rajbhasa Department, Govt. Of Jharkhand, with definite conclusion that the petitioner belongs to “Passi” caste. Further the petitioner was also allowed to put forward her case before the State of Punjab and a final report was also given by the Tahsildar, Banga at Punjab which was dated 5.06.2014. 17. The counsel for the petitioner submits that all the reports which has come from the state of Punjab were in favour of the petitioner. The Principal Secretary, forwarded the report to the office of the Deputy Commissioner, Ranchi, and ultimately the same was forwarded to the Chairman, Caste Scrutiny Committee vide communication dated 30.05.2014. The grievance of the petitioner is that in spite of all the positive reports received from the State of Punjab, the Caste Scrutiny Committee did not ultimately decided the issue and observed that: (a) The petitioner is permanent resident of Punjab as such caste certificate cannot be issued by the State of Jharkhand. (b) The passi community comes in the Scheduled Caste community in the State of Jharkhand. (c) Caste certificate has not been found to be forged. (b) The passi community comes in the Scheduled Caste community in the State of Jharkhand. (c) Caste certificate has not been found to be forged. (d) As per the report of the District Welfare Officer, caste certificate was issued to the petitioner, but there is nothing on record, as to the basis on which the caste certificate was issued to the petitioner. 18. Counsel for the petitioner submits that the Caste Scrutiny Committee was directed to decide as per the terms of reference passed by this court vide order dated 24.07.2013, but the said committee, instead of deciding the matter, has refused to decide the issue, in spite of the fact that all the materials from Punjab were in her favour. He submits that the Caste Scrutiny Committee, has failed to perform its duties and accordingly the impugned order dated 24.11.2014 contained in memo no. 2152 dated 24.11.2014 passed by Caste Scrutiny Committee which is impugned in the writ petition being W.P. (C) No. 4922 of 2015 is fit to be set aside and the matter be remanded back to the Caste Scrutiny Committee with a direction to take decision on the merits of the case. He further submits that the Caste Scrutiny Committee was swayed away by the fact that the caste certificate issued to the father of the petitioner dated 04.12.1992, as per the C.B.I. was wrongly issued. 19. He further submits that the petitioner’s case has nothing to do with C.B.I. enquiry/ criminal case and the case of the petitioner has to be decided on its merits, and no reference can be given to any of the documents, relating to or arising out of the C.B.I. Case or C.B.I. enquiry, as the C.B.I. Case is still sub-judice. 20. He has also submitted that as per the circular issued by the Government of India, the caste certificate of a person belonging to one State, can be issued by the other State, although the status of the person in whose favour caste certificate is issued has to be governed by the status of the person, which he holds in the state, to which he belongs. Counsel for the petitioner also submits that the caste certificate which was issued to the petitioner was apparently not in proper form but that itself will not disentitle the petitioner from claiming her caste status as ‘Passi’ and this alone will not be sufficient reason to cancel the caste certificate issued to the writ petitioner from the State of Bihar (now Jharkhand). 21. Counsel for the petitioner has also referred to the rejoinder filed by the petitioner dated 04.07.2018 filed in W.P. (C) No. 4922 of 2015 wherein the petitioner has brought on record the various documents, which was received under the provisions of Right to Information Act, which indicates that detailed physical enquiry was done by the municipal commissioner at Punjab on the application made by the petitioner dated 09.08.2013 and the evidence from the permanent resident of Mohalla Chabutra, Banga, at Punjab and upon enquiry it was found that family of the petitioner belongs to family of Late Sujit Kumar ‘Pasi’ and they belong to ‘Pasi’ community which comes under Scheduled Caste under Presidential Order 1950. Counsel for the petitioner, by referring to this document submits that, irrespective of the fact that caste certificate issued to the father of the petitioner is itself in cloud, but there has been independent enquiry and dehors that, the petitioner is entitled for issuance of caste certificate. The caste certificate issued to the father of the petitioner is under cloud on some procedural irregularity and accordingly the authorities ought to have taken this aspect of the matter into consideration, but the Caste Scrutiny Committee has failed to do so. 22. Counsel appearing on behalf of the respondent Life Insurance Corporation submits that an affidavit has been filed by the State in W.P. (C) No. 4922 of 2015 dated 25.06.2018 wherein it has been stated that no record regarding the application preferred by the petitioner for issuance of certificate in the year 1989 is available in the office of District Welfare Officer, Ranchi except the issuing register. He also refers to the affidavit dated 23.04.2018 Filed in W.P. (C) No. 2760 of 2010 by the writ petitioner, stating the document which were produced by the writ petitioner at the time of applying for the caste certificate which was issued to the petitioner on 04.04.1989. He submits that as per this affidavit, the documents mentioned at paragraph no. He also refers to the affidavit dated 23.04.2018 Filed in W.P. (C) No. 2760 of 2010 by the writ petitioner, stating the document which were produced by the writ petitioner at the time of applying for the caste certificate which was issued to the petitioner on 04.04.1989. He submits that as per this affidavit, the documents mentioned at paragraph no. 5 are as follows:- (a) Bihar School Examination Board passing certificate issued from Patna (b) Admit Card of Bihar School Examination Board Patna (c) Marks Sheet of Bihar Intermediate Education Council, Patna (d) Admit Card-Bihar Intermediate Education Council Patna (e) Admit Card BA (f) Marks sheet BA (g) Identity card issued by Ranchi University (h) Fees receipt issued by Ranchi Women’s College (i) Caste certificate issued in favour of Divek Pasi son of Ramesh Kumar Passi issued by the competent authority dated 23.03.1984 23. Counsel for the respondent by referring to this affidavit, submits that, as per the case of the petitioner herself, the documents which were produced for inspection were regarding her educational qualification and caste certificate issued in favour of Divek Pasi son of Ramesh Kumar Pasi issued by the competent authority dated 23.03.1984 and annexed with supplementary affidavit filed by the petitioner. The document indicates that the said caste certificate of Divek Passi was issued from Uttar Pradesh and not from Punjab and accordingly he submits that there was no sufficient material before the authority to order for issuance of caste certificate to the petitioner, who admittedly belongs to the State of Punjab. Admittedly caste certificate of her father was not available, and the records of the District Welfare Officer does not even indicate about the availability of any application by the petitioner for issuance of caste certificate. Accordingly he submits that the caste certificate which was issued to the petitioner by the District Welfare Officer, in the year 1989 was wrongly issued and therefore the caste certificate has been rightly cancelled by the concerned authority. 24. Accordingly he submits that the caste certificate which was issued to the petitioner by the District Welfare Officer, in the year 1989 was wrongly issued and therefore the caste certificate has been rightly cancelled by the concerned authority. 24. By referring to the subsequent writ petition, counsel for the petitioner submit that the direction which was issued by this court vide order dated 24.07.2013 in W.P. (C) No. 2760 of 2010, was for the purpose of enquiry as to whether the petitioner was entitled to caste certificate which was issued in her favour, whether she was covered under the Presidential notification and whether the caste certificate issued to her was fake. He further submits that vide proceeding dated 06.11.2013 before the caste scrutiny committee, it was observed that the petitioner has come from the State of Punjab, and the caste certificate from the State where the person has migrated, can be issued on the basis of caste certificate issued by the State to which a person belongs and in this context the Deputy Commissioner Ranchi was directed to submit a report on the correct state of affairs as is apparent from proceeding dated 06.11.13. This was so, because of the reason that, in the office of District Welfare Officer, Ranchi, there was no document, on the basis of which the caste certificate was issued to the petitioner. He submits that pursuant to proceeding dated 06.11.13, as letter dated 16.12.13 was issued by the Deputy Commissioner, Ranchi requesting the Principal Secretary, Personnel, Administrative Reforms and Rajbhasa Department, to find out from the place of origin of the petitioner about issuance of any caste certificate to the petitioner. Accordingly this matter was taken up by the Principal Secretary with the State of Punjab. Vide letter dated 31.03.14 issued by authority from state of Punjab to the Principal Secretary of the State of Jharkhand a report was forwarded indicating that a schedule caste certificate was issued to the father of the petitioner by State of Punjab on 4.12.1992 which in turn was forwarded to the Deputy Commissioner, Ranchi vide letter dated 23.05.14. This was then forwarded by the Deputy Commissioner, Ranchi to the Welfare Department vide letter no. 138 (1) dated 30.05.14. This was then forwarded by the Deputy Commissioner, Ranchi to the Welfare Department vide letter no. 138 (1) dated 30.05.14. He submits that accordingly pursuant to aforesaid order dated 06.11.2013, the only communication which was submitted before the Caste Scrutiny Committee was letter No. 138 (1) dated 30.05.2014 containing the letter dated 31.03.2014 wherein the only thing which was mentioned was that the father of the petitioner was issued caste certificate No. 2083 dated 04.12.1992. He further submits that so far as other material in connection with various report and enquiry made by the authorities of the State of Punjab are concerned, the same were neither done pursuant to the direction issued by the Caste Scrutiny Committee nor the same was contemplated by the Caste Scrutiny Committee in its order dated 06.11.2013. He submits that the Caste Scrutiny Committee was required to examine as to whether the petitioner was entitled to caste certificate which was issued to the petitioner from the State of Jharkhand and other related issues. He submits that once the said report was submitted before the Caste Scrutiny Committee, Caste Scrutiny Committee answered all the issues and clearly held that the petitioner is permanent resident of the State of Punjab and she was not entitled to receive caste certificate from the State of Jharkhand. He submit that this was so because of the reason that the caste certificate which was issued to the father of the petitioner on 04.12.1992 was not only subsequent to 1989, i.e. subsequent to the date on which the petitioner was issued caste certificate, but the same was itself under cloud. He submits that in view of the said circumstance, the Caste Scrutiny Committee of the State of Jharkhand does not have jurisdiction to examine the entitlement of the petitioner to receive the caste certificate in view of the circular issued by the Central Government that the caste certificate to an applicant who has migrated to another State can be issued on the basis of the caste certificate issued to her parents from the appropriate State. He submits that as the caste certificate of the father of the petitioner is in cloud, therefore the petitioner can certainly approach the State of Punjab for the purpose of issuance of caste certificate. He submits that as the caste certificate of the father of the petitioner is in cloud, therefore the petitioner can certainly approach the State of Punjab for the purpose of issuance of caste certificate. So far as State of Jharkhand and the authorities of the State of Jharkhand are concerned, they cannot issue caste certificate to the petitioner. He submits that the caste certificate which has been issued to the petitioner is itself in total disregards of the circular issued by the Union of India in this regard. 25. Counsel appearing on behalf of private respondent has also submitted that as per the order dated 24.07.2013 passed in W.P. (C) No. 2760/2010, Caste Scrutiny Committee was to examine as to whether the petitioner is entitled for the caste certificate from the State of Jharkhand. Accordingly, while answering the reference, the Caste Scrutiny Committee has confined its decision in holding that the petitioner is not entitled for caste certificate from the State of Jharkhand and has rightly not gone further. Certainly the petitioner is entitled to apply for issuance of caste certificate before the competent authority in the state of Punjab and the authorities in the State of Punjab after making thorough enquiry regarding the caste status of the petitioner on the basis of on the spot enquiry may issue the caste certificate to the petitioner. But so far as the caste scrutiny committee in the State of Jharkhand is concerned, it is bound by the circular of the Union of India in connection with issuance of caste certificate to persons who are migrated from the State who can only be issued Caste Certificate on the basis of caste certificate of their parents. Accordingly he submits that there is no illegality or perversity in the impugned order. He also submits that records of the case shows that the caste certificate which was issued to the petitioner in the year 1989 had no legal basis for its issuance. There is no such record available with the State and there is not even an affidavit of the petitioner or her father before the issuing authority. As per the case of the petitioner, she submitted certain documents which was taken back after showing the same to the said authority. There is no such record available with the State and there is not even an affidavit of the petitioner or her father before the issuing authority. As per the case of the petitioner, she submitted certain documents which was taken back after showing the same to the said authority. Accordingly the caste certificate which was issued to the petitioner by the authority in the state of Jharkhand has been issued without even primary enquiry and the format in which it is issued does not indicate that the petitioner belongs to the State of Punjab. Accordingly, he submits that the impugned order passed in W.P. (C) No. 4922 of 2015 as well as in W.P. (C) No. 2760 of 2010 does not require any interference. Upon being asked to a query that what locus has private respondent got to challenge the caste certificate of the petitioner, he submits that one criminal case has been instituted against private respondent by the petitioner stating herself as a scheduled caste and the caste certificate has been issued to the petitioner has a direct bearing in the said criminal case. In this view of the matter, he had taken steps challenging the caste certificate itself which was issued to the petitioner by the District Welfare Officer, Ranchi. Counsel for the private respondent has also submits that during the pendency of this case, ultimately the criminal case has been dropped against the private respondent on the ground that she does not belong to the scheduled caste category. The said order has been brought on record wherein it has been stated that the petitioner does not belong to scheduled caste category. 26. After hearing counsel for the parties and after considering the materials on record this court finds as follows:- (i) The matter regarding issuance of caste certificate to the scheduled caste and scheduled tribe relating to various states in India has been a matter of serious concern by the government of India and accordingly various circulars have been issued from time to time. The Central Government was throughout conscious about the fact that a person who is a scheduled caste in one state may not be a scheduled caste in the other state as Presidential order in connection with list of castes for each state are different from each other. The Central Government was throughout conscious about the fact that a person who is a scheduled caste in one state may not be a scheduled caste in the other state as Presidential order in connection with list of castes for each state are different from each other. Relevant portion of Circular dated 22nd March 1977 issued by Central Government, for the purposes of this case, reads as follows: “2. As required under Articles 341 and 342 of the Constitution, the President has, with respect to every State and Union Territory and where it is State after consultation with the Governor of the concerned State, issued orders notifying various Castes and Tribes as Scheduled Castes and Scheduled Tribes in relation to that State or Union Territory from time to time. The inter-state area restrictions have been deliberately imposed so that the people belonging to the specific community residing in a specific area, which has been assessed to qualify for the Scheduled Caste or Scheduled Tribe status, only benefit from the facilities provided for them. Since the people belonging to the same caste but living in different State/Union Territories may not necessarily suffer from the same disabilities, it is possible that two persons belonging to the same caste but residing in different States /U.Ts may not both be treated to belong to Scheduled Caste/Tribe or vice-versa. Thus the residence of a particular person in a particular locality assumes a special significance. This residence has not to be understood in the literal or ordinary sense of the word. On the other hand it connotes the permanent residence of a person on the date of the notification of the Presidential Order scheduling his caste/tribe in relation to that locality. Thus a person who is temporarily away from his permanent place of abode at the time of the notification of the Presidential Order applicable in his case, say, for example, to earn a living or seek education, etc. can also be regarded as a Scheduled Caste or a Scheduled Tribe, as the case may be, if his caste/tribe has been specified in that Order in relation to his State/UT. But he cannot be treated as such in relation to the place of his temporary residence notwithstanding the fact that the name of his caste/tribe has been scheduled in respect of that area in any Presidential Order.” 3. But he cannot be treated as such in relation to the place of his temporary residence notwithstanding the fact that the name of his caste/tribe has been scheduled in respect of that area in any Presidential Order.” 3. It is to ensure the veracity of this permanent residence of a person and that of the caste/tribe to which he claims to belong that the Government of India has made a special provision in the proforma prescribed for the issue of such certificate. In order that the certificates are issued to the deserving persons it is necessary that proper verification based primarily on revenue records and if need be, through reliable enquiries, is made before such certificates are issued. As it is only the Revenue Authorities who, besides having access to relevant revenue records are in a position to make reliable enquiries, Government of India insists upon the production of certificates from such authorities only. In order to be competent to issue such certificates, therefore, the authority mentioned in the Government of India (Department of Personnel and Administrative Reforms) letter No. 13/2/74-Est (SCT), dated the 5th August, 1975, (copy enclosed) should be the one concerned with the locality in which the person applying for the certificate and his place of permanent abode at the time of the notification of the relevant Presidential Order. Thus, the Revenue Authority of one District would not be competent to issue such a certificate in respect of persons belonging to another district. Nor can such an authority of one State/UT issue such certificates in respect of persons whose place of permanent residence at the time of the notification of a particular Presidential Order, has been in a different State/Union Territory. In the case of persons born after the date of notification of the relevant Presidential Order, the place of residence for the purpose of acquiring Scheduled Caste or Scheduled Tribes status, is the place of permanent abode of their parents at the time of the notification of the Presidential Order under which they claim to belong to such a Caste/Tribe. 4. It is understood that some State Governments/Union Territory Administrations have empowered all their Gazetted Officers to issue such certificates and even Revenue Authorities issue certificates on the basis of the certificates issued by Gazetted Officers, M.P.s and M.L.A.s etc. 4. It is understood that some State Governments/Union Territory Administrations have empowered all their Gazetted Officers to issue such certificates and even Revenue Authorities issue certificates on the basis of the certificates issued by Gazetted Officers, M.P.s and M.L.A.s etc. If such a practice if followed, there is a clear danger of wrong certificates being issued, because in the absence of proper means of verification such authorities can hardly assure the intrinsic correctness of the facts stated in such certificates. In order to check the issuance of false certificates, the question of verification assumes all the more importance. 5. All the State Governments/Union Territory Administrations are, therefore, requested to streamline their respective procedures for issuing such certificates so as to conform to the above instructions as well as to those issued from time to time. Where Revenue Authorities have been empowered to issue certificates on the basis of a certificate issued by an M.P. and M.L.A. Gazetted Officer, etc. they would do so only after having made proper verifications and after having satisfied themselves of the correctness of such certificates. “(ii) Subsequently another circular dated 18th November 1982 was issued by the government of India which related to issuance of caste certificate who have migrated from one State to another for the purpose of education, employment etc. and were facing great difficulties in obtaining caste certificate from which State they have migrated. Accordingly a direction was issued in the year 1982 that the prescribed authority of a State Government/ Union Territory Administration may issue the scheduled caste and scheduled tribe certificate to a person who has migrated from another State on the production of the genuine certificate issued to his father/mother by the prescribed authority of the State of the father’s/mother origin except where the prescribed authority feels that detailed enquiry is necessary through the state of origin before issuance of certificate, the certificate will be issued irrespective of whether the caste/tribe in question is scheduled or not in relation to the State/Union Territory to which the person has migrated. This facility does not alter the Scheduled Caste/Scheduled Tribes status of the person in relation to the one or the other State. The revised form of the Scheduled Caste/Tribe certificate was enclosed with the circular. This facility does not alter the Scheduled Caste/Scheduled Tribes status of the person in relation to the one or the other State. The revised form of the Scheduled Caste/Tribe certificate was enclosed with the circular. As per the revised form of the issuance of caste certificate, details was also mentioned to the place of origin of a person who is claiming the caste certificate. (iii) Similar circulars were issued vide subsequent circular dated 6th August 1984 which clarifies the status of a person be granted scheduled caste certificate from another state will continue to that of the original State. The only document which could have been recognised by the then State of Bihar, in Bihar was the caste certificate issued to petitioner’s father/mother for the purpose of caste certificate to the petitioner from Bihar (now Jharkhand). (iv) Admittedly in the year 1989 the petitioner did not have caste certificate of her father and from the records of the case and from own admission of the petitioner, the other documents which she had shown at the time of issuance of caste certificate to her, was taken back. Accordingly, no documents, even the application for issuance of caste certificate is not available with the authority who had issued caste certificate to the petitioner. One of the caste certificate which was relied upon by the petitioner was relating to one Divek Pasi, which in turn was issued by the authority of the State of Uttar Pradesh. This court is of the considered view that caste certificate of such person cannot determine the caste status of the petitioner, who admittedly originates from the state of Punjab, for the purpose of issuance of caste certificate from the state of Jharkhand. So far as issuance of caste certificate to a person from the State where he has migrated, the only document which was recognised was the caste certificate issued to father or mother of the candidate from the state of origin. In absence of this, caste certificate could not have been issued to the petitioner from the then State of Bihar (now Jharkhand) in the year 1989 in view of the aforesaid circulars issued by the union of India relating to issuance of caste certificate from the state in which any person has migrated. In absence of this, caste certificate could not have been issued to the petitioner from the then State of Bihar (now Jharkhand) in the year 1989 in view of the aforesaid circulars issued by the union of India relating to issuance of caste certificate from the state in which any person has migrated. It further appears that there has been no enquiry whatsoever and there could not have been an enquiry in the State of Bihar in connection with caste status of the petitioner who originally belongs to the State of Punjab. Accordingly this court find that caste certificate which was issued to the petitioner in the year 1989 was wrongly issued and by wrongful and reckless exercise of power by the authority concerned, amounting to complete non-application of mind. (v) This court also find that caste certificate which was issued to the petitioner also does not indicate as to whether she belongs to the State of Bihar or the State of Punjab and it appears that neither it was disclosed nor such enquiry was made as to whether she belongs to the State of Bihar or to any other State. (vi) So far as impugned order is concerned, same is based on the charge sheet submitted by the C.B.I. although the submission of charge sheet may not be a ground for cancelling the caste certificate issued to anybody that too without giving any opportunity of hearing to the person, but in the instant case, it has come to light and as per the aforesaid findings, the caste certificate which was issued to the petitioner in the year 1989 was not in accordance with law and accordingly this court is of the considered view that the same cannot be restored. (vii) In the meantime, after issuance of caste certificate to the petitioner, the judgment of Hon’ble Supreme Court in the case of Madhuri Patil (supra) has come which gives direction to the various states for the purpose of claims regarding issuance/verification of caste certificate and accordingly, Caste Scrutiny Committee was formed in the State of Jharkhand. As per the judgment of Madhuri Patil (supra), Caste Scrutiny Committee has appellate powers. As per the judgment of Madhuri Patil (supra), Caste Scrutiny Committee has appellate powers. As the specific case of the petitioner was that the petitioner was never heard prior to cancellation of her caste certificate this court thought it proper to refer the matter to Caste Scrutiny Committee to determine as to whether the petitioner was entitled to caste certificate as issued to the petitioner or not. As per the terms of reference, this court is of the considered view, that the same was not for the purpose of enquiry as to whether the petitioner was entitled for caste certificate from the State of Punjab or not. In view of the fact that the authorities in the state of Punjab had exclusive jurisdiction to issue caste certificate to a person originating from the State of Punjab whose parent’s caste certificate was not issued. Hence,the scope of reference, was, as to whether the petitioner was entitled to caste certificate from the State of Jharkhand. In this background the order dated 06.11.2013 was passed by Caste Scrutiny Committee indicating that from the records of the District Welfare Officer, who issued caste certificate to the petitioner in the year 1989, there is no material and therefore the direction was issued to the Deputy Commissioner to submit a report, who in turn took up the matter and wrote a letter to the Secretary and the letter was issued to the state of Punjab. The State of Punjab in turn submitted a report that caste certificate was issued to the father of the petitioner in the year 1992 and this report was submitted before the Caste Scrutiny Committee. The caste scrutiny committee has considered all aspects of the matter that the caste certificate which was issued to the father of the petitioner is itself under cloud and therefore held that the petitioner was not entitled to issuance of caste certificate from the State of Jharkhand. The caste scrutiny committee has considered all aspects of the matter that the caste certificate which was issued to the father of the petitioner is itself under cloud and therefore held that the petitioner was not entitled to issuance of caste certificate from the State of Jharkhand. From perusal of the circular issued in the year 1982 by the Central Government it is apparent that there is mandate that the person who is migrated from one State to another, the prescribed authority of the State has been empowered to issue caste certificate on the basis of caste certificate issued to the applicant’s father or mother from the origin state, except where the prescribed authority feels that detailed enquiry is necessary through the state of origin for issuance of caste certificate. Meaning thereby, even if the caste certificate of the father of the petitioner was available, it was still open to the authority, to refuse the issuance of caste certificate, if a detailed enquiry was required. The caste scrutiny committee in the instant case found that the caste certificate was issued to the father of the petitioner was itself under cloud and at the same was not available at the time of issuance of caste certificate to the petitioner in the year 1992, therefor the authority held that the petitioner is not entitled for issuance of caste certificate from the state of Jharkhand. (viii) By virtue of this impugned order passed by the caste scrutiny committee, state of Jharkhand, the said authority has not pronounced that the petitioner does not belong to the “passi” community of State of Punjab or she is not entitled for caste certificate from the State of Punjab. (ix) This court is of the considered view, that even if the caste certificate of the father of the petitioner is under cloud, this does not disentitle the State of Punjab from issuance of caste certificate to the petitioner upon proper enquiry. (ix) This court is of the considered view, that even if the caste certificate of the father of the petitioner is under cloud, this does not disentitle the State of Punjab from issuance of caste certificate to the petitioner upon proper enquiry. (x) So far as contention of the petitioner that enough materials were supplied from the State of Punjab for the purpose of determining the caste status of the petitioner by the caste scrutiny committee, is concerned, it appears that the enquiry which was sought to be made by the caste scrutiny committee was of limited nature and the materials which has been brought on record by the petitioner for determination of caste status of the petitioner was neither called for by the caste scrutiny committee nor the same formed part of the records of caste scrutiny committee. Otherwise also, the caste scrutiny committee of the state of Jharkhand have no jurisdiction to decide the status of the caste of the petitioner who admittedly belongs to the State of Punjab in absence of undisputed caste certificate issued in the name of the father or mother from the State of origin i.e. Punjab. (xi) This court is of the considered view that caste scrutiny committee in the state of Jharkhand has rightly decided the reference and the same does not called for any interference. It is reiterated that the caste status of the petitioner has not yet been declared. She can still approach the competent authority in the state of Punjab for declaration of her caste and for issuance of caste certificate. Merely because the caste certificate issued in the name of father of the petitioner is in cloud, that by itself is not sufficient to deny the caste status of the petitioner by the State of Punjab, if she is otherwise found upon enquiry to be belonging to the “passi” community. The said determination requires detailed investigation as per the circular issued on 22nd March 1977 issued by Union of India read with the mandate of the aforesaid judgment passed by the Hon’ble Supreme Court in the case of Madhuri Patil (supra). 27. As a cumulative effect to the aforesaid findings, this court is not inclined to grant any relief to the petitioner. Accordingly, this writ petition is dismissed. 28. 27. As a cumulative effect to the aforesaid findings, this court is not inclined to grant any relief to the petitioner. Accordingly, this writ petition is dismissed. 28. However the petitioner has the liberty to move before the appropriate authority in the State of Punjab for issuance of Caste Certificate to the petitioner after due enquiry/ verification in accordance with law.