Caste certificate can’t be cancelled unilaterally: SC

“It is an admitted position that before cancellation of the caste certificate of the appellant,the authorities ought to have given an opportunity of hearing to the appellant.

“In view of the fact that the principles of natural justice were admittedly violated in this case,the impugned order must be set aside and the concerned tehsildar must be directed to decide the dispute regarding the caste certificate of the appellant after giving hearing to the parties and after passing a reasoned order,preferably within three months from the date of supply of a copy of this order to him,” it said.

The bench passed the observation while allowing an appeal filed by the appellant Ramphal,a Haryana police constable,challenging the decision of the authorities to cancel his caste certificate.

According to Ramphal,he obtained employment on the basis of a caste certificate produced by him establishing him as a scheduled caste candidate belonging to the “Sirkiband” community.

However,on the basis of a complaint that he actually belonged to the “Banjara” community which was not a notified scheduled caste community,his caste certificate was cancelled by the authorities.

Ramphal approached the Punjab and Haryana High Court challenging the cancellation on the ground that no opportunity was given to him to enable him present his side of the case.

The high court dismissed his plea following which he appealed in the apex court.