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Prayagraj, 22 October (Hindustan Reporter). Allahabad High Court has stayed the implementation of the order of 25 September 2014 of the State Level Caste Scrutiny Committee refusing to accept the Scheduled Caste certificate issued to Amarnath Kharwar, former head of Gram Panchayat Andhya Tappa of Kushinagar. A notice has been issued to the complainant Poonam Devi and a reply has been sought from the opposition including the state government on the petition within three weeks.
Justice Vikram D Chauhan has given this order on the petition of Amarnath Kharwar. The petitioner says that he was issued a Scheduled Caste certificate in the year 2000. Which was examined by the district level caste scrutiny committee. The opposition had complained about the caste of the petitioner. Opposition Poonam Devi appealed to the state level committee against the decision of the district level committee in favor of the petitioner. On which the investigation was handed over to the Vigilance Cell. In its report dated October 22, the Vigilance Cell accepted the petitioner's stand as correct.
Despite this, the state level committee did not consider the petitioner as a Scheduled Caste. Which has been challenged. The petitioner's advocate says that the committee has ignored the decision and government order of Kumari Madhuri Patil case. The committee does not have the jurisdiction to give orders. Because as per the rules, the director of the state level committee should be a member of the Social Welfare Committee. Whereas the government has directly made the Backward Classes Commission a member, which is against the law. Therefore, since the committee is not constituted as per rules, it does not have the jurisdiction to take decisions on caste. The order is not legal. The next hearing of the petition will be on November 29.
