MP HC Sets Aside Cancellation Of Engineer’s ST Certificate Without Hearing, Limits Fresh Inquiry To Whether SDO Could Issue It

The appellant obtained a Scheduled Tribe caste certificate from the SDO (Revenue), Jabalpur, on 13 October 2010 and a fresh permanent digital certificate from the SDO (Revenue), Ranjhi, on 1 August 2022.

He had been appointed as an Assistant Engineer (Production) with the Madhya Pradesh Power Generating Company in 2011 against an ST-reserved post.

During verification, the SDO cancelled the 2022 certificate and directed registration of an FIR by a communication dated 10 March 2025.

The appellant was not given a hearing before that action and learned of it after being placed under suspension.

The Single Bench dismissed his writ petition in limine; he appealed.

The State submitted that the matter could be remitted to the SDO for a fresh decision after hearing the appellant.

The Court applied the principles of natural justice, holding that a right created in a person’s favour cannot be taken away without an opportunity of hearing.

The Court also confined the scope of the inquiry to identifying the competent authority to issue the certificate, rather than determining whether the appellant belongs to the Manjhi Scheduled Tribe; accordingly, it held that referral to the High Power Scrutiny Committee was not required in this matter.

The certificates had been issued by public authorities, and the appellant’s appointment was based on the certificate.

Because cancellation could adversely affect the appellant’s rights, the SDO was required to provide a hearing before passing an adverse order.

The absence of that opportunity rendered the 10 March 2025 communication unsustainable.

On remand, the inquiry is limited to whether the SDO, Ranjhi, was competent to issue the certificate, given the allegation that the appellant was a resident of Shahdol; it is not to adjudicate his caste status.

It directed the SDO (Revenue), Ranjhi, to hear the appellant before passing any adverse order and to complete the inquiry within three months.

The inquiry must be confined to the competence of the issuing authority and must not determine the appellant’s caste status.