Calcutta High Court Dismisses PIL Seeking CBI Probe Into Alleged Fraudulent Grant Of Caste Certificates Over Last 15 Yrs

The Calcutta High Court has dismissed a public interest litigation by the petitioners, seeking the cancellation of the caste certificates granted to the respondents, and for a CBI probe into the allegedly irregular grant of caste certificates by the state over the last 15 years.A division bench of Justices Sujoy Paul and Smita Das De held: "As analyzed above, the petitioners not only have the statutory remedy under the SC/ST Act and Rules, they have admittedly availed it and their complains are pending consideration before the authority (Sub-Divisional Officer). At the cost of repetition, it may be remembered that Shri Kalyan Bandopadhyay, learned senior counsel has agreed that State has no objection if said Sub-Divisional Officer decides the aspect of issuance of caste certificates. Thus, in tune with the judgment of Supreme Court in Neetu (supra) and Jaipur Shahar Hindu Vikas Samiti (supra), we are constrained to hold that this PIL is not maintainable. Petitioners' interest can be protected and controversy can be adjudicated in a mechanism created under the statute."Counsel for the petitioner informed the court that the petitioners' preferred complaints regarding the issuance of the Caste Certificate to ineligible persons, and upon taking cognisance of such complaints, the concerned Sub-Divisional Officer has already initiated proceedings. Thus, said authority may be directed to complete the proceedings.Counsel for the petitioner submitted that the PIL is filed in public interest and in addition, an element of public law is also involved in this matter. Thus, this Court can exercise its public law jurisdiction. Based on judgments of the Supreme Court, it was urged that PIL is maintainable and grievances canvassed are not only confined to the relief relating to “service matter”.Kalyan Bandopadhyay, Senior Counsel, appearing for the State submitted that Section 8A (1) of the WB SC/ST Act provides the Constitution of “State Scrutiny Committee” for verification of social statues of a person in whose favour a certificate is issued. Section 9 (1) of the Said Act is referred to show that if certificate issuing authority is satisfied that a certificate under this Act has been obtained by fraud or misrepresentation or suppression, the authority may cancel, impound or revoke such certificate in accordance with law. Thus, petitioner has a statutory remedy under the Act and the rules framed thereunder, namely, the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Rules, 1995 (Rules of 1995).Senior Counsel submitted that he has no objection if the petitioners press their applications for revocation of Caste Certificate issued in favour of ineligible persons before the concerned Sub-Divisional Officer and the said authority decides it.It was stated that the antecedents of the petitioner and the cause highlighted must be examined with circumspection. Under the guise of PIL, the undue benefits cannot be claimed.Counsel for the private respondent contended that the PIL is politically motivated. The petitioner No. 1, association is not an association of SC/ST people. The petitioner No. 1 is a kind of sect which follows the teachings of a Guru and, therefore, has no right to raise the grievances of SC/ST Community. Few petitioners are political leaders and on their behest, PIL is not maintainable.Accordingly, the court found that since the petitioners had an alternative remedy as pointed out by the state counsel, to challenge the issuance of caste certificates, a writ petition at their behest could not be maintained.Accordingly, the PIL was dismissed.Case: The All India Matua Mahasangha & Ors. Vs. The State of West Bengal & OrsCase No: WPA(P) 170 of 2025Click here to read order

Calcutta High Court Dismisses PIL Seeking CBI Probe Into Alleged Fraudulent Grant Of Caste Certificates Over Last 15 Yrs

Srinjoy Das

Tags