HIGH COURT OF TRIPURA

AGARTALA

WA No.29 of 2025

Sri Sew Prasad Biswas,

S/o Lt. Bhabani Ranjan Biswas, resident of Vill Kumarghar, P.O. Kumarghat,

Sub-Division Kailashar, District Unakoti.

......Appellant(s)

V E R S U S

1. The State of Tripura,

Represented by the Secretary, Department of Welfare for Schedule Caste

& OBC, Government of Tripura, New Secretariat Building, PS New

Capital Complex, PO Kunjaban, Agartala, District West Tripura, PIN

799006.

2. The Secretary,

Department of GA (P & T) Government of Tripura, New Secretariat

Building, PS New Capital Complex, PO Kunjaban, Agartala, District

West Tripura, PIN 799006.

3. The State Level Scrutiny Committee,

Represented by the Member-Secretary, Director for Welfare for Schedule

Caste & OBC, Government of Tripura, New Secretariat Building, PS New

Capital Complex, PO Kunjaban, Agartala, PIN 799006, District West

Tripura.

4. The Chairman, State Level Scrutiny Committee,

The Secretary, Department of Welfare for Schedule Caste & OBC,

Government of Tripura, New Secretariat Building, PO Kunjaban,

Agartala, PIN 799006, PS New Capital Complex, District West Tripura.

5. The Member-Secretary, State Level Scrutiny Committee,

The Director, Department of Welfare for Schedule Caste & OBC,

Government of Tripura, New Secretariat Building, PO Kunjaban, PIN

799006, PS New Capital Complex, Agartala, District West Tripura.

......Respondent(s)

WA No.32 of 2025

Sri Abhisek Biswas,

S/o Sri Sew Prasad Biswas, resident of Vill Kumarghat, PO Kumarghat, Sub-

Division Kailashar, District Unakoti, Tripura.

......Appellant(s)

V E R S U S

Page 2 of 16

1. The State of Tripura,

Represented by the Secretary, Department of Welfare for Schedule Caste

& OBC, Government of Tripura, New Secretariat Building, PS New

Capital Complex, PO Kunjaban, Agartala, District West Tripura, PIN

799006.

2. The Secretary,

Department of GA (P & T) Government of Tripura, New Secretariat

Building, PS New Capital Complex, PO Kunjaban, Agartala, District

West Tripura, PIN 799006.

3. The State Level Scrutiny Committee,

Represented by the Member-Secretary, Director for Welfare for Schedule

Caste & OBC, Government of Tripura, New Secretariat Building, PS New

Capital Complex, PO Kunjaban, Agartala, PIN 799006, District West

Tripura.

4. The Chairman, State Level Scrutiny Committee,

The Secretary, Department of Welfare for Schedule Caste & OBC,

Government of Tripura, New Secretariat Building, PO Kunjaban,

Agartala, PIN 799006, PS New Capital Complex, District West Tripura.

5. The Member-Secretary, State Level Scrutiny Committee,

The Director, Department of Welfare for Schedule Caste & OBC,

Government of Tripura, New Secretariat Building, PO Kunjaban, PIN

799006, PS New Capital Complex, Agartala, District West Tripura.

......Respondent(s)

For Appellant(s) : Mr. D.C. Saha, Advocate.

For Respondent(s) : Mr. D. Sarma, Addl. G.A.

Date of hearing : 6

th

November, 2025.

Date of delivery of Judgment : 15

th

January, 2026.

Whether fit for reporting :

HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO

HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA

JUDGMENT & ORDER

Common issues being involved in both the appeals, both were

heard together and are being disposed of by this common judgment.

YES NO

√

Page 3 of 16

[2] The petitioner of WP(C) No.748 of 2023 (connected WA No.29 of

2025) (hereinafter referred as 1

st

petitioner) is the father of the petitioner of

WP(C) No.749 of 2023 [connected WA No.32 of 2025] (hereinafter referred as

2

nd

petitioner).

[3] For better narration of the disputes involved between the parties, a

brief sketch of the same are described separately in few paragraphs.

[4] The 1

st

petitioner retired as Additional Secretary, Govt. of Tripura

on 31.01.2016 enjoying the benefits as a member of scheduled caste

community. On 01.02.1978, the Sub Divisional Officer, Kailashahar issued a

scheduled caste certificate in favour of 1

st

petitioner. Thereafter, he joined in

the service as Additional Tahasildar on 05.02.1979 against reserved quota.

Gradually, he got promotions one after another and finally, went on

superannuation as Additional Secretary as stated above.

[5] In the year 1998, a complaint was lodged against him by one

Sudhir Das of Santir Bazar, Kamalpur alleging that he did not belong to

Namasudra Community and therefore was not a member of scheduled caste

community in Tripura. At that time, he was serving as Additional Sub-

Divisional Officer, Longtharai Valley, Dhalai. Based on said complaint, a

vigilance inquiry was conducted by SI of Police namely, Sri N.L. Debbarma

who submitted the report that his scheduled caste certificate was genuine. Said

inquiry officer also observed that during inquiry he had found that the original

records of the office of SDO, Kailashahar relating to caste certificate of the 1

st

petitioner was already destroyed and thereafter he examined the 1

st

petitioner

and his other relatives along with some local witnesses of his area. The

Page 4 of 16

Superintendent of Police (Vigilance), Tripura thereafter communicated said

report to the Deputy Secretary, Administrative Reforms Department, Govt. of

Tripura. Said inquiry was accordingly dropped.

[6] But, thereafter, the Member-Secretary of State Level Scrutiny

Committee (hereinafter referred as SLSC) again issued a show cause notice to

the 1

st

petitioner on 19.01.2007 informing him that a complaint was received

against him with the allegation that he had obtained the SC certificate by

misrepresentation of facts and thereafter, inquiry was conducted with the

officials of Vigilance Department in which it revealed that he did not belong to

SC community. Therefore, he was given an opportunity by said notice to

represent his case with all relevant records/evidences before taking final

decision in the matter of cancellation of his SC certificate. He, thereafter,

submitted his reply to the Member-Secretary of SLSC.

[7] The SLSC then vide order dated 09.10.2007 cancelled the

scheduled caste certificate of the 1

st

petitioner. Challenging the said order, he

filed WP(C) No.38 of 2008 before this Court.

[8] By another order dated 21.05.2011, the SLSC also cancelled the

scheduled caste certificate of the 2

nd

petitioner preceded by issuance of one

show cause notice issued to him and therefore, he also approached the High

Court by filing WP(C) No.254 of 2011.

[9] Both the said writ petitions were disposed of by this Court vide

judgment dated 10.07.2015 by quashing the said two orders of cancellation of

their SC certificates with further direction to SLSC to decide the matter afresh

after providing opportunities to the petitioners including their personal hearing.

Page 5 of 16

[10] The SLSC in compliance of the direction of this Court again issued

show cause notices on 03.10.2015 to both the petitioners after obtaining

opinion of SC Welfare Sub-Committee and the report of the State Vigilance

Cell. Manu Block Level Scheduled Caste Sub-Committee observed in their

meeting dated 12.08.2015 that the 1

st

petitioner was not a member of scheduled

caste community. The SLSC also requested the vigilance cell vide their letter

dated 30.07.2015 for enquiry of the matter and in turn the Vigilance Officer

(Inspector of Police, Vigilance), Tripura recorded statements of some witnesses

and finally observed vide his report dated 24.08.2015 that both the petitioners

did not belong to scheduled caste community. Finally, the SLSC vide their

order dated 07.01.2016 cancelled the SC certificate of 1

st

petitioner and vide

order dated 03.02.2016 cancelled the SC certificate of 2

nd

petitioner.

[11] Thereafter, both the petitioners preferred WP(C) No.55 of 2016

and WP(C) No.702 of 2017 respectively in the High Court and both the writ

petitions were disposed of by common judgment dated 03.02.2021 by remitting

the matter again to the SLSC to re-examine and re-hear the petitioners keeping

in mind the fresh documents as submitted by them by way of supplementary

affidavits in the Court. Against said order, the State preferred WA No.175 of

2021 and WA No.176 of 2021 and the Division Bench of the High Court

ultimately dismissed the appeals vide orders dated 06.12.2022.

[12] The SLSC thereafter took up the matter again for consideration in

the light of the direction of the learned Single Judge passed in said writ

petitions on the following points:

Page 6 of 16

(i) Whether OP has adduced supplementary documents, which can be

considered as sufficient evidence to discard the accusation of obtaining false

SC certificate by the OP.

(ii) Whether the Caste Certificate of his father and other relatives were

obtained in due course and those can be considered as the basis of the Caste

Certificate of the OP.

[13] As it appears, the SLSC gave opportunities to the 1

st

petitioner to

produce authenticate government documents issued prior to the date of issue of

caste certificate in his favour along with any other supporting documents of his

ancestors or of any other elderly member of his family to which the 1

st

petitioner produced three documents in photocopies and all those documents

were issued in his favour and not in the name of any of his ancestors or elderly

relative and those documents were also related to his employment, absorption

and promotion in different civil service posts. It was also observed by the SLSC

that the caste certificate of father of the 1

st

petitioner was issued on 02.05.1981

whereas caste certificate of the 1

st

petitioner was issued on 01.07.1978 and

therefore it was a case where caste certificate of son was issued prior to the

issuance of caste certificate in favour of his father and the caste certificate of 1

st

petitioner was issued when he was temporarily engaged as contingent worker at

the Block Headquarter, Chailangta. According to said committee, the 1

st

petitioner has utilized his official capacity to obtain a caste status certificate by

using unscrupulous means. He was also asked to produce any additional

evidence, if any, but he denied. He was also apprised about his entitlement to

engage any advocate but he also denied the same. Finally, after taking into

Page 7 of 16

consideration of all the documents and above said facts, the SLSC observed in

the impugned order dated 17.08.2023 that the 1

st

petitioner had failed to prove

that his caste status certificate was genuinely issued and therefore, same was

cancelled and confiscated. Consequently, they also passed order for

cancellation of caste certificate of the 2

nd

petitioner.

[14] Challenging the said common order dated 17.08.2023, above said

two writ petitions bearing No. WP(C) 748 of 2023 and WP(C) 749 of 2023

were filed by both the petitioners.

[15] Learned Single Judge while dismissing both the writ petitions

exhaustively dealt with the issues involved in both the writ petitions and also

has taken note of Sections 2(h), 11 of the Tripura Scheduled Castes and

Scheduled Tribes Reservation Act, 1991 and Rules 5, 6 and 7A of Tripura

Scheduled Castes and Scheduled Tribes Reservation Rules, 1992. Learned Writ

Court also taken note of the decisions of Hon’ble Supreme Court in the cases of

Navneet Kaur Harbhajansing Kundles alias Navneet Kaur Ravi Rana vs.

State of Maharashtra and others; (2024) 12 SCC 264:2024 SCC OnLine SC

494 and Kumari Madhuri Patil and another vs. Addl. Commissioner, Tribal

Development and others, (1994) 6 SCC 241 and finally observed as under:

“[23] It is seen from record that on 13.08.2015, a

communication was made by the Block Development

Officer, Manu R.D. Block Tripura(D) to the Member

Secretary, SLSC (respondent No.5 herein) stating that the

petitioner, Mr. Sew Prasad Biswas son of late Bhabani

Ranjan Biswas does not belong to scheduled caste

community as per the decision of Manu Block Level

Scheduled Caste Sub-Committee meeting held on

12.08.2015. It is also seen from record that on 11.12.1997, a

resolution of the meeting chaired by one Ranjit Das, the then

Manu Block Level Scheduled Caste Sub-Committee was

passed stating that the petitioner, Sew Prasad Biswas does

Page 8 of 16

not belong to SC community. He belongs to Kayastha

community i.e. General category.

[24] Thus, this Court is of the view that as per the procedure

contemplated under Rule 6 of the Tripura Scheduled Castes

and Scheduled Tribes Reservation Rules, 1992 for

cancellation of the caste certificate, on receipt of the

complaint, enquiry was ordered by the competent person

and in the process of the enquiry sub-committee of

scheduled caste was also approached and a resolution from

the same has been obtained.

[25] Respondent-SLSC by the impugned order dated

17.08.2023 has drawn a reasonable presumption against the

petitioner, Sew Prasad Biswas that he had utilized his

influence decades ago for obtaining the caste status

certificate, which cannot be ruled out as the SC community

persons resolved that he is not a scheduled caste person and

belongs to general category and the resolutions stood un-

challenged. It is further reflected in the impugned order of

SLSC that the petitioner was asked to produce any

additional evidence, if he wants to produce, but he denied.

The petitioner was also apprised that he could engage a

lawyer, if he wanted to engage, but he denied the same.

Therefore, basing on the enquiry reports, documentary

evidence and oral evidences, the SLSC (respondent No.3

herein) has cancelled the SC certificates of the petitioners.

[26] In view of the above discussion this Court opines that

the respondents in the process of cancelling the false

community certificate/scheduled caste certificate of the

petitioners have followed the procedure contemplated under

the Act and Rules. Therefore, this Court feels that there is

no infirmity in the impugned order.

In view of the above discussion, this Court finds that it is not

a fit case to interfere with the decision of the respondents

and the same needs to be confirmed. Hence, the order

impugned dated 17.08.2023 is upheld.

Thus, the writ petitions are liable to be dismissed and

accordingly, the same are dismissed. As a sequel,

miscellaneous application(s), pending if any, shall also stand

closed.”

Challenging above said two writ petitions, the present writ appeals

have been filed by the petitioners.

[16] Mr. D.C. Saha, learned counsel for the appellants during hearing

submits that learned Writ Court failed to appreciate the certificate issued on

Page 9 of 16

04.04.1994 by one Sri Ranjit Das, Chairman of Chamanu Block Level SC

Committee which read that the family of the 1

st

petitioner was known to him for

about 40 years and again said Mr. Das as Chairman cancelled his SC certificate

on 11.03.2010 without showing the reason therefor. We are not convinced with

said point as at present we are dealing with the cancellation of the caste

certificate on 17.08.2023 and not with any previous incident relating thereto,

for, already the High Court earlier set aside such cancellation and remanded

matter back to the SLSC.

[17] Mr. Saha, learned counsel also submits that as because the father

of the 1

st

petitioner was not in government service, he procured his SC

certificate later on in the year 1981 to get certain financial assistance from the

Government but the SLSC has taken exception to it. We are also not much

convinced with such submission, for, even if such submission is accepted to be

true, according to SLSC, the 1

st

petitioner could not produce any satisfactory

document to establish independently (leaving the case of his father apart) as to

how he belonged to SC community.

[18] Mr. Saha, learned counsel also gave emphasis on his submission

that wrongly SLSC has cancelled SC certificates of the appellants on the basis

of presumption which was, according to him, not permissible as per law.

Learned counsel further contends that though SC certificate of the 1

st

petitioner

was cancelled by SLSC but still the SC certificate issued in favour of his father

stands good and when SC certificate of the father is not cancelled, the SC

certificate issued in favour of son can also not be cancelled.

Page 10 of 16

[19] Mr. D.C. Saha, learned counsel relies on a decision of the Hon’ble

Supreme Court in case of Director of Tribal Welfare, Government of A.P. vs.

Laveti Giri and another, (1995) 4 SCC 32 wherein it was observed by the

Hon’ble Apex Court that burden of proof of social status is always on the

person who profess it to seek constitutional socio-economic advantages and it is

no part of the duty of the State to disprove it otherwise. Hon’ble Supreme Court

at paragraph No.7 further observed that admission wrongly gained or

appointment wrongly obtained on the basis of false social status certificate

necessarily deprives the genuine Scheduled Castes or Scheduled Tribes or OBC

candidates envisaged of the benefits conferred on them by the Constitution and

to streamline the procedure for issuance of social status certificates, their

scrutiny and approval, certain guidelines were also issued. The relevant portion

of paragraph No.7 is extracted herein below:

“7……………………………… ………………………………..

For that purpose, it is necessary to streamline the procedure

for the issuance of social status certificates, their scrutiny

and their approval, which may in the following manner:

1. The application for grant of social status certificate

shall be made to the Revenue Sub-Divisional Officer

and Deputy Collector or Deputy Commissioner and the

certificate shall be issued by such officer rather than at

the Officer, Taluk or Mandal level.

2. The parent, guardian or the candidate, as the case

may be, shall file an affidavit duly sworn and attested

by a competent gazetted officer or non-gazetted officer

with particulars of castes and sub-castes, tribe, tribal

community, parts or groups of tribes or tribal

communities, the place from which he originally hails

from and other particulars as may be prescribed by

the Directorate concerned.

3. Application for verification of the caste certificate by

the Scrutiny Committee shall be filed at least six

months in advance before seeking admission into

educational institution or an appointment to a post.

Page 11 of 16

4. All the State Governments shall constitute a

Committee of three officers, namely, (I) an Additional

or Joint Secretary or any officer higher in rank of the

Director of the department concerned, (II) the

Director, Social Welfare/Tribal Welfare/Backward

Class Welfare, as the case may be, and (III) in the case

of Scheduled Castes another officer who has intimate

knowledge in the verification and issuance of the social

status certificates. In the case of the Scheduled Tribes,

the Research Officer who has intimate knowledge in

identifying the tribes, tribal communities, parts of or

groups of tribes or tribal communities.

5. Each Directorate should constitute a vigilance cell

consisting of Senior Deputy Superintendent of Police in

over-all charge and such number of Police Inspectors

to investigate into the social status claims. The

Inspectors would go to the local place of residence and

original place from which the candidate hails and

usually resides or in case of migration to the town or

city, the place from which he originally hailed. The

vigilance officer should personally verify and collect all

the facts of the social status claimed by the candidate

or the parent or guardian, as the case may be. He

should also examine the school records, birth

registration, if any. He should also examine the parent,

guardian or the candidate in relation to their caste etc.

or such other persons who have knowledge of the social

status of the candidate and then submit a report to the

Directorate together with all particulars as envisaged

in the proforma, in particular, of the Scheduled Tribes

relating to their peculiar anthropological and

ethnological traits, deity, rituals, customs, mode of

marriage, death ceremonies method of burial of dead

bodies etc. by the castes or tribes or tribal communities

concerned etc.

6. The Director concerned, on receipt of the report

from the vigilance officer if he found the claim for

social status to be "not genuine" or 'doubtful' or

spurious or falsely or wrongly claimed, the Director

concerned should issue show-cause notice supplying a

copy of the report of the vigilance officer to the

candidate by a registered post with acknowledgement

due or through the head of the educational institution

concerned in which the candidate is studying or

employed. The notice should indicate that the

representation or reply, if any, would be made within

two weeks from the date of the receipt of the notice and

in no case on request not more than 30 days from the

date of the receipt of the notice. In case, the candidate

Page 12 of 16

seeks for an opportunity of hearing and claims an

inquiry to be made in that behalf, the Director on

receipt of such representation/reply shall convene the

committee and the Joint/Additional Secretary as

Chairperson who shall give reasonable opportunity to

the candidate/parent/ guardian to adduce all evidence

in support of their claim. A public notice by beat of

drum or any other convenient made may be published

in the village or locality and if any person or

association opposes such a claim, an opportunity to

adduce evidence may be given to him/it. After giving

such opportunity either in person or through counsel,

the Committee may make such inquiry as it deems

expedient and consider the claims vis-a-vis the

objections raised by the candidate or opponent and

pass an appropriate order with brief reasons in

support thereof.

7. In case the report is in favour of the candidate and

found to be genuine and true, no further action need be

taken except where the report or the particulars given

are procured or found to be false or fraudulently

obtained and in the latter event the same procedure as

is envisaged in para 6 be followed.

8. Notice contemplated in para 6 should be issued to

the parents/guardian also in case the candidate is

minor to appear before the Committee with all

evidence in his or their support of the claim for the

social status certificates.

9. The inquiry should be completed as expeditiously as

possible preferably by day-to-day proceedings within

such period not exceeding two months. If after inquiry,

the Caste Scrutiny Committee finds the claim to be

false or spurious, they should pass an order cancelling

the certificate issued and confiscate the same. It should

communicate within one month from the date of the

conclusion of the proceedings the result of enquiry to

the parent/guardian and the applicant.

10. In case of any delay in finalising the proceedings,

and in the meanwhile the last date for admission into

an educational institution or appointment to an officer

post, is getting expired, the candidate be admitted by

the Principal or such other authority competent in that

behalf or appointed on the basis of the social status

certificate already issued or an affidavit duly sworn by

the parent/guardian/candidate before the competent

officer or non-official and such admission or

appointment should be only provisional, subject to the

result of the inquiry by the Scrutiny Committee.

Page 13 of 16

11. The order passed by the Committee shall be final

and conclusive only subject to the proceedings under

Article 226 of the Constitution.

12. No suit or other proceedings before any other

authority should lie.

13. The High Court would dispose of these cases as

expeditiously as possible within a period of three

months. In case, as per its procedure, the writ

petition/miscellaneous petition/matter is disposed of by

a Single Judge, then no further appeal would lie

against that order to the Division Bench but subject to

special leave under Article 136.

14. In case, the certificate obtained or social status

claimed is found to be false, the parent/guardian/the

candidate should be prosecuted for making claim. If

the prosecution ends in a conviction and sentence of

the accused, it could be regarded as an offence

involving moral turpitude, disqualification for elective

posts or offices under the State or the Union or

elections to any local body, legislature or Parliament.

15. As soon as the finding is recorded by the Scrutiny

Committee holding that the certificate obtained was

false, on its cancellation and confiscation

simultaneously, it should be communicated to the

educational institution concerned or the appointing

authority by registered post with acknowledgement

due with a request to cancel the admission or the

appointment. The Principal etc. of the educational

institution responsible for making the admission or the

appointing authority, should cancel the

admission/appointment without any further notice to

the candidate and debar the candidate from further

study or continue in office in a post.”

[20] Mr. D. Sarma, learned Addl. G.A. counters such challenge

submitting that several opportunities were given to the 1

st

petitioner to produce

any genuine document to show that he belonged to SC community but he could

not show any satisfactory evidence basing on which his SC certificate was

issued by the competent authority earlier and in the writ proceeding there is

very narrow scope to re-appreciate the materials placed by the parties before the

SLSC acting as an Appellate Forum of SLSC. Mr. D. Sarma, learned Addl.

Page 14 of 16

G.A. also submits that it was not the SC certificate of the father of the 1

st

petitioner against which complaint was received rather the SC certificate issued

in favour of the 1

st

petitioner was under challenge and therefore, SLSC initiated

inquiries regarding such challenges and meanwhile their decisions were

subsequently quashed by the High Court on different occasions and therefore,

ultimately the decision of SLSC could not reach the finality. Mr. Sarma,

learned Addl. G.A. in this regard further submits that as the matter of

cancellation of SC certificate of the 1

st

petitioner did not reach the finality,

SLSC could not take step for cancellation of SC certificate issued in favour of

father and other relatives of the 1

st

petitioner in this regard. The explanation as

offered by learned Addl. G.A. appears to us to be more reasonable and

acceptable.

[21] We have considered the submissions of both sides at length and

also considered the materials placed on record.

[22] As per Section 11 of the Tripura Scheduled Castes and Scheduled

Tribes Reservation Act, 1991, onus is upon the appellants to prove that they

belong to scheduled caste community. Such onus becomes heavier when it is

found that the SC certificate was issued in the name of 1

st

petitioner after his

certificate was issued. From the order dated 17.08.2023 of SLSC, it appears that

sufficient opportunities were given to the appellant by the said committee to

place materials on his part and even they allowed him to be represented by any

advocate. According to the committee, the hearing was adjourned for four dates

giving opportunity to the appellants to produce documents and the 1

st

petitioner

produced three documents in photocopies and all those documents were

Page 15 of 16

issued in his favour and not in the name of any of his ancestors or elderly

relatives. Moreover, those documents were relating to his employment,

absorption and promotion in different civil service posts under the State

Government. Therefore, they came to the conclusion that those documents

could not be considered as satisfactory documents to support his caste claim.

When they further asked the appellants to produce additional document, if any,

they denied. The order passed by SLSC appears to be very reasoned order.

[23] In Navneet Kaur Harbhajansing Kundles (Supra), the Hon’ble

Supreme Court at paragraph No.20 held that when the Scrutiny Committee had

applied its mind and reached to a conclusion then in such a situation the High

Courts as well as the Supreme Court should refrain themselves from deeper

probe into factual issues like an appellate body unless the inferences made by

the authority concerned suffers from perversity on the face of it or are

impermissible in the eye of law. Relevant paragraph No.20 of the said judgment

is extracted hereunder:

“20. Now, when the Scrutiny Committee which is

principally tasked with the fact-finding exercise for

validation of caste claim, had applied its mind and

reached a conclusion, then in such a situation, whether

a roving enquiry by the High Court was required? It is

well settled that the High Courts as well as the

Supreme Court should refrain themselves from deeper

probe into factual issues like an appellate body unless

the inferences made by the authority concerned suffers

from perversity on the face of it or are impermissible

in the eye of the law. In the instant case, the order

passed by the Scrutiny Committee reflects due

appreciation of evidence and application of mind and

in the absence of any allegation of bias/malice or lack

of jurisdiction, disturbing the findings of the Scrutiny

Committee cannot be sustained.”

Page 16 of 16

[24] Considering all these aspects, according to us, learned Writ Court

has rightly dismissed both the writ petitions with a reasoned order and no

interference, therefore, is called for. Consequently, both the writ appeals are

dismissed.

No order as to costs.

Pending application(s), if any, shall stand disposed of.

(S.DATTA PURKAYASTHA ), J (M.S. RAMACHANDRA RAO ), CJ

Rudradeep