Noman Masood vs State of U.P.and Others

Application for impleadment filed on behalf of one Shri Suresh Pal is allowed. Learned counsel for the applicant is permitted to implead Shri Suresh Pal as respondent No.4 in the arra, of parties.

This writ petition has been filed raising the grievance that the certificate issued to the petitioner by the Tehsildar, Tehsil Nakur, District Saharanpur that the petitioner belongs to the Other Backward Class (hereinafter referred to as the ''OBC'') category being a Sheikh Sarwari has subsequently been cancelled by the order dated 28/29.9.2006 on the ground that the petitioner belongs to the Sheikh community and not Sheikh Sarwari, Sheikh community belongs to general category while Sheikh Sarwari belongs to OBC category.

Heard learned counsel for the petitioner and Shri Murlidhar, learned Senior Counsel duly assisted by Shri A.K. Sharma, Advocate, appearing on behalf of said respondent as well as the learned Standing Counsel for other respondents.

It has been suggested by Mr. Murlidhar that after passing the order dated 29th September, 2006, the petitioner himself moved an application before the Additional District Magistrate, Saharanpur who directed the Tehsildar, Tehsil Nakur to reconsider the whole case and pass a fresh order within 24 hours. In pursuance of the said order, the Tehsildar passed a fresh order on 30th September, 2006 reiterating his earlier order dated 29th September, 2006 by which the caste certificate issued in favour of the petitioner had been cancelled. The question does arise as to whether the order passed by the Additional District Magistrate could have been passed as he was not having any appellate or revisional power against the order of cancellation of the certificate of OBC category issued in favour the petitioner. More so, whatever may be the legal position, admittedly the order purported to have been passed on 30th September, 2006 again by the Tehsildar, Tehsil Nakur had been passed without giving any opportunity of hearing to the petitioner.

The substantial question of law involved in this petition is as to whether the order passed by the Tehsildar dated 29th September, 2006 cancelling the certificate issued in favour of the petitioner is of administrative nature or quasi judicial nature for the reason that it has a very limited scope of review in absence of any provision conferring the power upon such authority and it is a settled legal proposition that in absence of any appellate or revisional forum, the authority, howsoever high may be, does not have a right to mortgage its wisdom and direct a subordinate authority to decide a case again unless the authority sitting in appeal or revisional forum sets aside the same and remands the case to the said subordinate authority concerned. As the matter is pending unnecessarily before this Court since long and the Tehsildar, on the direction of the Additional District Magistrate, has passed the orders on the basis of report submitted by the Lekhpal, which has been prepared behind the back of the petitioner, the order impugned dated 29th September, 2006 and all order consequent thereto are liable to be set aside.

In view of the above, the petition deserves to be allowed and the order impugned and all orders consequent thereto are liable to be quashed.

The petition succeeds and is allowed. The order impugned dated 29.9.2006 and all consequential orders in respect of the caste certificate issued to the petitioner are hereby quashed. The Tehsildar, Tehsil Nakur, District Saharanpur is directed to reconsider the whole case afresh after giving opportunity of hearing to the petitioner as well as respondent No.4 to lead evidence and the parties shall be at liberty to raise all legal and factual issues before the said authority.

(Petition allowed)