Tripura SC/ST Reservation Rules | Enquiry For Verifying Caste Certificate Not Absolutely Barred In View Of Favourable Report By SDM: High Court
Live LawThe Tripura High Court recently dismissed the plea of a person claiming to belong to scheduled caste, seeking quashing the summons issued by Member-Secretary, State Level Scrutiny Committee calling upon the petitioner to appear before the Committee for verification. The decision came from Justice T. Amarnath Goud who held that merely because the Petitioner had a favourable report in his favour as contemplated under Rule 7A of the Tripura Scheduled Castes and Scheduled Tribes Reservation Rules, 1992, there is no absolute bar on SLSC for conducting the enquiry and for issuing and cancelling the certificate in terms of Rule 7A thereof. In 2005, in course of verification of his caste status vigilance cell of the SLSC conducted enquiry and submitted verification report holding that the petitioner belongs to SC community. "A reasonable apprehension has been drawn against the petitioner, when a Caste certificate is issued and is doubted and the enquiry is conducted and after enquiry, the concerned authority needs to pass a speaking order by verifying the complaint or allegations, if any, and after giving reasonable opportunity to the petitioner an adverse order is passed against the petitioner that would amounts to violation of principles of natural justice."