Madhya Pradesh High Court

WP/4859/2020 of NEHA RAY Vs GENERAL ADMINISTRATION DEPARTMENT on 2 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARION THE 2[nd] OF FEBRUARY, 2024

WRIT PETITION No. 4859 of 2020

BETWEEN:-

NEHA RAY S/O GANGADHAR RAY, AGED ABOUT 21YEARS, 77 BENGALI COLONY DIST. INDORE (MADHYAPRADESH)

(SHRI VAIBHAV PATEL APPEARED FOR PETITIONER)

.....PETITIONER

AND

( SHRI KOUSTUBH PATHAK - GOVT. ADVOCATE FOR THERESPONDENTS)

.....RESPONDENTS

This petition coming on for admission this day, the court passed the following:

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ORDER

The present petition under Article 226 of the Constitution of India has been filed seeking a direction to the respondent to declare the caste of the petitioner which is being disputed by the respondent authorities.

2. Brief facts of the case are that petitioner has appeared in the GeneralNursing Training Selection Test(GNTST) and Pre Nursing Selection Test(PNST)-2018 wherein the dispute is being raised with regard to the caste ofpetitioner. Petitioner has filed documents pertaining to her caste. However, theauthorities have not recognized her belonging to "Namo Sudra" Caste to becovered under the Scheduled Caste category. Thereafter, petitioner filed anapplication before the SDO for declaration of her caste "Namo Sudra" underthe Schedule Caste which was decided vide order dated 07.01.2019 stating thatthe caste ''Namo Sudra" is not notified in the list published by the Government,therefore the caste certificate cannot be issued to her. Being aggrieved by thesaid order, she has filed an appeal before the Addnl. Collector, Indore seekingissuance of caste certificate which was partially allowed remanding the matter tothe SDO for fresh adjudication. Hence, the present petition be allowed andrespondents be directed to declare ''Namo Sudra" under the scheduled castecategory.

3. At this stage, learned Govt. Advocate raised the preliminary objectionas regards maintainability of the present petition, in as much as, the petitionercan very well approach the 'High Level Caste Scrutiny Committee" fordeclaration of her caste in the light of the judgment passed by the Apex Court inthe case of Kumari Madhuri Patel Vs. Addnl. Commissioner, TribalDevelopment reported AIR 1995 SC 94.

4. Admittedly, this Court cannot decide the caste of the petitioner and,therefore, the relief as sought for by the petitioner cannot be granted.

5. Accordingly, petition is disposed off with liberty to the petitioner to approach the "High Level Caste Scrutiny Committee" for declaration of her caste in the light of the judgment passed by the Apex Court in the case ofKumari Madhuri Patil(supra).

sh

(S. A. DHARMADHIKARI)JUDGE

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