Mere Telephone Call Does Not Satisfy Requirement Of Show Cause Notice Before Cancelling Caste Certificate: Uttarakhand High Court
The Uttarakhand High Court has held that merely making a telephone call to the person concerned does not satisfy the requirement of issuing a show cause notice before cancellation of a caste certificate. The Court observed that cancellation of a caste certificate, which creates civil rights, requires a proper and reasonable opportunity of hearing to the affected person.
Justice Pankaj Purohit was hearing a writ petition filed challenging the order dated 09.07.2025, passed by the Tehsildar, cancelling the petitioner's OBC caste certificate. The petitioner contended that no opportunity of hearing was provided before cancellation. Upon direction of the Court, the State produced instructions stating that interpolation was found in the petitioner's Transfer Certificate on the basis of which the caste certificate had been issued. It was further submitted that the petitioner was contacted over the telephone and asked to produce other documents to establish his caste, but he did not respond.
The Court considered the stand of the State and examined whether such communication amounted to compliance with the requirement of providing an opportunity of hearing. It held that contacting the petitioner over the telephone cannot be treated as a proper and effective opportunity of hearing.
The Court observed that since a caste certificate confers civil rights, its cancellation must be preceded by adherence to the requirement of giving a reasonable opportunity of hearing. It held that a show-cause notice was required to be issued to the petitioner before proceeding with the cancellation of the certificate. It observed:
“The law requires that since the Caste Certificate created civil rights in favour of the petitioner, therefore, for its cancellation, a proper and reasonable opportunity of hearing should have been afforded to the petitioner. Merely making a call over the telephone does not satisfy the legal requirement to be done by the respondents before the cancellation of the Caste Certificate.”
In the absence of such a procedure, the Court held that the impugned action of the authority could not be sustained.
Accordingly, the High Court allowed the writ petition and set aside the order dated 09.07.2025 passed by the Tehsildar cancelling the petitioner's caste certificate, while leaving it open to the State to conduct an enquiry after providing a proper and reasonable opportunity of hearing to the petitioner.
Case Title: Mohd Danish vs. State of Uttarakhand & Ors. [Writ Petition Misc. Single No.887 of 2026]