Reserved Judgment IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 223 of 2001 (M/S) (Old No. 42979 / 2000) Viresh Chandra S/o Sri Ramesh Chandra R/o 80, Gopiwara, Subhash Puri, Kankar Khera, Meerut Cantt. District Meerut. . Petitioner ...………… [ Versus 1. The Tehsildar, Bageshwar, District Bageshwar. 2. State of U.P. (Now State of Uttarakhand) through the Collector, Bageshwar. ...…………. Respondents Mr. S.K. Jain, learned counsel for the petitioner. Mr. Vinod Nautiyal, learned Addl. Advocate General for respondents. Hon’ble Prafulla C. Pant, J. By means of this writ petition, the petitioner has sought writ in the nature of certiorari, quashing the impugned order dated 09.08.2000 (copy Annexure –1 to the writ petition) whereby the petitioner’s scheduled tribe certificate No. 531 of 1999 is cancelled by respondent No. 1. 2 2) Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit filed by the parties. 3) Brief facts as narrated in the writ petition are that the pedigree of the petitioner is as under: Jimkoi @ Jaman Singh . Mohan Chand Mankoi Ramesh Chand Yogesh Viresh Pritesh Suresh Chandra Chanda Kumar Chandra Km. Pornima Sushil Vimal Km. Sunita Mankoi Chandra Chanda Mankoi It is pleaded in the writ petitioner that the petitioner is Hindu by religion and belongs to Village Reetha, Patti Galai, Tehsil Bageshwar. It is further pleaded that petitioner belongs to ‘Bhotia’ tribe which is recognized as Scheduled Tribe of Uttar Pradesh (now of the State of Uttarakhand). It is stated that ‘Bhotias’ are declared Scheduled Tribe under the Constitution of India (Scheduled Tribes) Order, 1950, issued under Article 342 of the Constitution of India. The family register (copy of extract of which is annexed as Annexure –3 to the writ petition) also shows that the petitioner belongs to ‘Bhotia’ tribe. It is further stated in the writ petition that the petitioner is in the service in 510 Army Base Workshop, Meerut Cantt. The petitioner’s case is that certificate dated 22.06.1999 was issued to him that he belongs to Scheduled Tribe, which he required for the purposes of claiming reservation. When 3 that certificate was submitted to the employer of the petitioner, the same was sent for verification to the authorities at Bageshwar. When, even after repeated requests by 510 Army Base Workshop, Meerut, no verification is received from the authorities in Bageshwar, the petitioner himself approached the authorities, and thereafter, aggrieved by non-action on the part of the Tehsildar, Bageshwar, made a representation to Chairman, U.P. Scheduled Caste / Scheduled Tribe Commission, Lucknow. On the complaint of the petitioner, explanation was called from the Tehsildar, Bageshwar, on which he issued a show cause notice on 15.07.2000 to the petitioner as to why his certificate be not cancelled. Petitioner submitted a short reply to the show cause notice to the Tehsildar, Bageshwar, who cancelled the certificate No. 531 of 1999 issued in favour of the petitioner, on the ground that the petitioner is a ‘Tibetan’ and follower of Buddhism, as such, he was not a Hindu and does not belong to ‘Bhotia’ tribe. Aggrieved, by said order dated 09.08.2000, this writ petition is filed. 4) In the counter affidavit filed on behalf of the respondents it has been admitted that scheduled tribe certificate bearing No. 531 of 1999 was issued to the petitioner on 22.06.1999. However, when the same was received for verification, on 15.07.2000 successor Tehsildar, Bageshwar, made a detailed enquiry and issued show cause notice to the petitioner stating therein as to why the certificate dated 22.06.1999, be not cancelled. In reply to the notice, the petitioner sent his letter dated 31.07.2000 indicating that the matter is to be decided by Scheduled 4 Caste Scheduled Tribe Commission, Lucknow. After considering the reply and completing the enquiry, the scheduled tribe certificate issued to the petitioner is cancelled by the respondent No. 1. Defending the cancellation of the scheduled tribe certificate it has been stated that though the petitioner’s ancestral property is situated in Bageshwar, but no scheduled tribe certificate could have been issued to the ‘Buddhist Bhotias’. In Para 13 of the counter affidavit it has been stated that the petitioner obtained scheduled tribe certificate by filing forged documents. Lastly, it is stated that the impugned order has been passed keeping in view the guidelines contained in the Government Orders. As to the complaint made to the U.P. Scheduled Caste Scheduled Tribe Commission, it is stated in Para 27 of the counter affidavit that the petitioner in his complaint himself has admitted that he is of ‘Tibetan’ origin. 5) In the rejoinder affidavit filed on behalf of the petitioner the averments made in the writ petition are reiterated and it is stated that the scheduled tribe certificates issued to his brothers are left untouched while that of the petitioner is cancelled. 6) Admittedly, “Bhotia” is a scheduled tribe in state of Uttarakhand as declared in Constitution of India (Scheduled Tribes) Order 1950. But the question is whether the petitioner actually belongs to said Tribe, or not? 5 7) It is pertinent to mention here that this Court in its writ jurisdiction cannot decide the dispute relating to the fact whether the petitioner actually belongs to ‘Bhotia’ tribe, or not. What this Court has to see in its writ jurisdiction is that whether, the authority concerned (respondent No. 1) before cancelling the scheduled tribe certificate issued in favour of the petitioner, has followed the procedure of law, or not? This Court has also to see whether, principles of natural justice are adhered to or not, before the impugned order is passed. 8) It is admitted in the writ petition that the petitioner was issued show cause notice before the impugned order was passed. The petitioner instead of giving reply to the show cause notice, sent a short reply (copy of which is Annexure –1 to the supplementary affidavit filed on behalf of the petitioner) which reads, as under: “It is brought to your kind information that the matter regarding this subject is under consideration of schedule caste / schedule tribe commission. You are, therefore, requested not to take any decision on the subject till the final decision on my pending petition in the Schedule Caste / Schedule Tribe Commission, Lucknow is finalised. Thanking you Yours sincerely (Viresh Chander) Date 31/07/2000 6 Copy of the show cause notice (Annexure –8 to the writ petition) shows that the ground was clearly mentioned on which the scheduled tribe certificate issued to the petitioner was intended to be cancelled as it is mentioned in it that the petitioners’ family being of ‘Tibetan’ origin cannot be given a certificate of ‘Bhotia’ tribe. Said fact has not been denied by the petitioner. In the circumstances, factual satisfaction of the authority concerned, cannot be examined in a writ petition. 9) For the reasons as discussed above, this Court does not find any error of law committed by the respondent No. 1 in passing the impugned order, as the same appears to have been passed after detailed enquiry and after giving opportunity to the petitioner to explain his stand on the ground on which the certificate is cancelled. 10) Accordingly, the writ petition is liable to be dismissed. The same is dismissed. No order as to costs. (Prafulla C. Pant, J.) [ Dt. November 11, 2008. H.Negi