IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15672 of 2008 Roza Khatoon, wife of Sheikh Wasir of Birnagar of Birnagar Tola, Tapra P.S. Bhargama, District-Araria Versus 1. The State of Bihar 2. State Election Commissioner, Bihar, Patna 3. District Magistrate, Araria 4. Sub-Divisional Officer Forbisganj, District- Araria 5. Block Development Officer, Bhargama, P.S. Distt. Araria 6. Anchal Adhikari, Bhargawa, Araria 7. Rahina Khatoon, wife of Irfan Noori, resident of Baizu Patti, P.S. Bhargawa, District- Araria ----------- For the petitioner: M/S Yogesh Chandra Verma, Sr. Advocate & P.P.N.Sahi, Advocate For the State: Mr. Kinkar Kumar, Asst. Counsel to GP 21 For the State Election Commission: Mr. Sanjeev Nikesh ------------ 5. 09.02.2009 Heard learned counsels for the petitioner, the State and respondent no. 7. The petitioner seeks quashing of the letter dated 13.10.2008 issued by the District Magistrate, Araria and the order dated 15.10.2008 issued by the Block Development Officer, Bhargawa by which it has been ordered to cancel the caste certificate issued to the petitioner. The grievance of the petitioner is that the caste certificate of the petitioner was issued by the Circle Officer on 18.3.2006 (Annexure-1) but subsequently on the complaint filed by respondent no. 7, the District Magistrate directed the Block Development Officer, Bhargawa to cancel the caste certificate issued in the name of the petitioner as on enquiry directed by him it had been found that the petitioner does not belong to the extremely backward class “Shekhda” caste rather she belongs to “Sheikh” caste which is - 2 - in the general category. Accordingly, the direction was issued to cancel the caste certificate issued to her. On the basis of the same the impugned order dated 15.10.2008 was passed by the Block Development Officer directing that the caste certificate no. 105 dated 18.3.2006 issued by the Circle Office, Bhargawa should be cancelled. By order dated 15.10.2008 (Annexure-K/7) the Circle Officer, Bhargawa cancelled the caste certificate no. 105 dated 18.3.2006 citing letter dated 13.10.2008 issued by the District Magistrate, Araria. Learned counsel for the petitioner submits that the order has been passed by the competent authority on the direction of a superior authority, is without any independent application of mind, without assigning any reason for the cancellation and without holding any enquiry after issuing show cause to the petitioner and providing her opportunity for contesting the allegations made against her. Learned counsel for respondent no. 7, on the other hand, alleges that the caste certificate has been rightly cancelled and the petitioner has not been able to show any document in favour of her stand and therefore, no relief should be granted to the petitioner by application of the principle of natural justice. The contention of the petitioner being that she would have been able to meet the challenge to her caste certificate if provided due opportunity is a matter that can be considered only by the competent authority which had issued the caste certificate and therefore, it is not for this Court to look into any document for coming to any conclusion in this regard. It is evident from the impugned order - 3 - contained in Annexure-7 as also the order of the Circle Officer as contained in Annexure- K/7 that both have been issued simply referring to the letter dated 13.10.2008 issued by the District Magistrate, Araria and there is no independent application of mind at any stage. In fact, even if it is assumed that some enquiry was made at the level of the District Magistrate, the contention of the petitioner is that no opportunity was provided even at that stage to her. In the above circumstances, this Court finds that there has been a violation of the principles of natural justice as also a complete lack of application of mind by the competent authority which had issued the caste certificate while passing the order of cancellation of the same. Since such cancellation results in serious consequences to the petitioner, this Court is of the view that the petitioner was entitled at the very least to an opportunity of being heard. In the above circumstances, the writ application is allowed. The order dated 15.10.2008 passed by the Circle Officer, Bhargawa and the order dated 15.10.2008 passed by the Block Development Officer, Bhargawa are both quashed as also the direction contained in the letter dated 13.10.2008 of the District Magistrate, Araria to cancel the caste certificate issued in favour of the petitioner and the matter is remitted to the Circle Officer, Bhargawa to pass a fresh order in accordance with law after providing due opportunity to the petitioner and respondent no. 7 in this regard. The Circle Officer is directed to decide the matter - 4 - within a period of three months from the date of receipt/production of a copy of this order and the petitioner and the respondent no. 7 are directed to appear before the Circle Officer in this regard on or before 24th February 2009 and no further notice would be required to be given to them. S.Pandey (Ramesh Kumar Datta, J.)