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Judgment
Arindam Sinha, J
Mr. Das, learned senior advocate appears on behalf of petitioners and resumes his argument in reply. He refers to paragraph 23 in the counter to submit, prior to notification dated 28th August, 2019, all previous purported authorization for Constitution of State Level Scrutiny Committee were resolutions. Those are not within meaning of law in article 13 of the Constitution. Paragraph-26 introduces said notification dated 28th August, 2019. He submits, unlike the resolutions claimed to have been issued in exercise of power under article 162, the notification says it is in exercise of power conferred by sub-section (1) of section 6 in Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificate) Act, 2011. He submits, the Act is of year 2012, yet to be notified.
Ms. Pattanayak, learned advocate, Additional Government Advocate appearing on behalf of State interrupts to hand up a brief of documents including corrigendum dated 20th March, 2023 published by authority in Odisha Gazette Extraordinary on same date. Copies of the documents have been made in Court and handed over to Mr. Das. Text of the corrigendum is reproduced below.
“No. 5504-PCR Cell-04/2023- In the Notification of the Government of Odisha in the ST & SC Development. M & BCW Department-PCR Cell-41/2015/SSD dated the 27th August, 2015 published in the Extraordinary issue No.1273 of the Odisha Gazette dated the 31st August, 2015 bearing S.R.O. No.17281 for the figures “2011” be read figures “2012”.
Ms. Pattanayak submits further, the Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification) of Caste Certificate Bill, 2011 had been passed by the Odisha Legislative Assembly on 6th September, 2012 with several amendments, including substituting word ‘Odisha’ for word ‘Orissa’ appearing in the Bill and figures ‘2011’ as ‘2012’ in the Act.
It is in recollection of this Bench and Mr. Sharma, learned advocate, Additional Government Advocate renders assistance by pointing out that it was noticed by paragraph-3 in order dated 2nd February, 2023 made in W.P.(C) no.3339 of 2021 (Kartik Chandra Pal v. State of Odisha and others (item no.3 in day’s list) that there was discrepancy. Paragraphs 3 and 4 of said order is reproduced below.
“3. There had been publication of notification dated 15th October, 2014 in the Odisha Gazette Extraordinary on 15th October, 2014, publishing Odisha Act 8 of 2014 for general information. Section 1 in the Act is reproduced below.
“1. (1) This Act may be called the Odisha Scheduled Castes, Scheduled Tribes and Backward Classes (Regulation of Issuance and Verification of Caste Certificates) Act, 2012.
(2) It shall come into force on such date, as the State Government may, by notification, in the Official Gazette, appoint.”
(emphasis supplied)
Text of said notification dated 27th August, 2015 published in the Gazette on 31st August, 2015 is reproduced below.
“No. 17281—PCR Cell-41/2015/SSD—In exercise of the powers conferred by sub-section (2) of Section 1 of “THE ODISHA SCHEDULED CASTES, SCHEDULED TRIBES AND BACKWARD CLASSES (REGULATION OF ISSUANCE AND VERIFICATION OF CASTE CERTIFICATE) ACT, 2011”, the State Government hereby appoint the 15th October, 2014 as the date on which the said Act shall come into force.”
(emphasis supplied)
The publications of local laws available in Court do not include Odisha Act 8 of 2014. Publication of it by said notification dated 15th October, 2014 says clearly that the Act is of year, 2012, by sub-section (1) in section 1. Notification dated 27th August, 2015 notified coming into force of the Act, to be the Act of year, 2011.”
In view of above development Court directs adjournment.
List on 5th April, 2023 marked at 2.00 p.m. along with W.P.(C) nos. 17327 of 2020, 14931 of 2022, 3339 of 2021 and W.P.C. no.30704 of 2020. Interim order to continue till next date of hearing..
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