CWP No.10569 of 2011 1 CWP No.10572 of 2011 CWP No.10573 of 2011 CWP No.10615 of 2011 CWP No.10667 of 2011 CWP No.10820 of 2011 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No.10569 of 2011 Date of decision November 17, 2011 Jaspal Singh ....... Petitioner Versus State of Punjab and others ........Respondents CWP No.10572 of 2011 Harpal Singh ....... Petitioner Versus State of Punjab and others ........Respondents CWP No.10573 of 2011 Harpinder Singh ....... Petitioner Versus State of Punjab and others ........Respondents CWP No.10615 of 2011 Sukhjinder Singh ....... Petitioner Versus State of Punjab and others ........Respondents CWP No.10667 of 2011 Surinder Singh ....... Petitioner Versus State of Punjab and others ........Respondents CWP No.10569 of 2011 2 CWP No.10572 of 2011 CWP No.10573 of 2011 CWP No.10615 of 2011 CWP No.10667 of 2011 CWP No.10820 of 2011 CWP No.10820 of 2011 Angrej Singh ....... Petitioner Versus State of Punjab and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. S. S. Rangi, Advocate for the petitioner. Mr. Navdeep Sukhna, DAG., Punjab for the respondents. **** 1. Whether reporters of local papers may be allowed to see the judgment ?No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). 1. All the writ petitions challenge the orders of cancellation of Schedule Caste Certificate issued in their respective favour. The impugned orders are passed on the ground that a member of Block Samiti had given a complaint that some persons in the village Sailwala had obtained wrong certificates describing themselves as “Manesh caste”, which is notified in the Schedule through the Presidential notification as a scheduled caste. The impugned orders record a Halqa Patwari's statement that the petitioners were shown as “Jatt Manesh caste” which was not included in the list of Scheduled Caste in the President's notification. It is not clear as to how the Tehsildar acted on Halqa Patwari's CWP No.10569 of 2011 3 CWP No.10572 of 2011 CWP No.10573 of 2011 CWP No.10615 of 2011 CWP No.10667 of 2011 CWP No.10820 of 2011 Kursinama. The competent person to issue the Schedule Caste Certificate is only the Tehsildar and if they had been shown as belonging to “Manesh caste” it could not have been withdrawn or cancelled unless the basis on which the said certificates had been issued was found to be bad. Again the cancellation of Schedule Caste certificate could not have been made without serving appropriate notices to the parties which would be aggrieved by such an action. 2. All the impugned orders are quashed. The Scheduled Caste certificates which they have already obtained shall stand restored. The respondents are however, at liberty to take appropriate decision if there is any information of fraud or misrepresentation in securing the Scheduled Caste Certificates earlier and if any decision is sought to be taken, the parties against whom such actions are proposed shall be served with individual notices to show cause against the proposed action. Subject to this liberty all the writ petitions are allowed. (K. KANNAN) JUDGE November 17, 2011 archana