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Neutral Citation No. - 2025:AHC:80668-DB Court No. - 40 Case :- WRIT - C No. - 15391 of 2025 Petitioner :- Subhash Pal Respondent :- State Of Uttar Pradeh And 2 Others Counsel for Petitioner :- Sushil Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard Sri Sushil Kumar Srivastava, learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents. This is a writ petition under Article 226 of the Constitution of India wherein primarily the petitioner has prayed for following relief:
"(i) issue a writ, order or direction in the nature of certiorari calling for record of the case, quash the impugned order passed by the District Scrutiny Committee, District Sonbhadra. (ii) issue a writ, order or direction in the nature of mandamus commanding the respondent authorities illegally not deprived to the petitioner from his constitutional or statutory right of the Scheduled Caste and treat the petitioner belongs to Dhangar Caste as he declared and certified/notified before passing the impugned order. (iii) issue a writ, order or direction in the nature of mandamus provide the such relief or remedy, so that the grievance of the petitioner could be redressed and direction give to the respondent authorities to accordingly. Otherwise the petitioner shall suffer irreparable loss and injury." Counsel for the petitioner submits that the impugned order has been passed by the District Screening Committee without following the principles enunciated by the Supreme Court in Kumari Madhuri Patil and another vs. Additional Commissioner, Tribal Development and others, AIR 1995 SC
94. Upon perusal of the impugned order, it is clear that no vigilance committee was formed before deciding the issue of caste of the petitioner.
In light of the same, the impugned order is quashed and set aside with a direction upon the authorities to comply with the mandate given by the Supreme Court in Kumari Madhuri Patil (supra). With the above observation, the writ petition is disposed of. Order Date :- 15.5.2025 Imroz (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad