Nitin Bagri vs The State Of Madhya Pradesh on 27 February, 2026

    0
    50
    ADVERTISEMENT

    Madhya Pradesh High Court

    Nitin Bagri vs The State Of Madhya Pradesh on 27 February, 2026

    Author: Vishal Mishra

    Bench: Vishal Mishra

              NEUTRAL CITATION NO. 2026:MPHC-JBP:24238
    
    
    
    
                                                                     1                               WP-11659-2018
                                  IN     THE       HIGH COURT OF MADHYA PRADESH
                                                         AT JABALPUR
                                                              BEFORE
                                                HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                     ON THE 27th OF FEBRUARY, 2026
                                                     WRIT PETITION No. 11659 of 2018
                                                    NITIN BAGRI AND OTHERS
                                                             Versus
                                           THE STATE OF MADHYA PRADESH AND OTHERS
                               Appearance:
                                  Shri Raunak Yadav - Advocate for the petitioners.
                                  Shri Gajendra Parashar - Panel Lawyer for the respondents/State.
    
                                                                         ORDER
    

    The present petition under Article 226 of the Constitution of India has
    been filed assailing the order dated 13/06/2017 passed by respondent No.4,
    whereby cases of the petitioners for grant of caste certificate has been
    rejected in an arbitrary manner without giving any opportunity of hearing to
    them and contrary to the order passed by Collector who has decided the
    Appeal in favour of the petitioners.

    2. It is the case of the petitioners that they are the residents of District

    SPONSORED

    Katni and belong to Bagri caste which is notified as a Scheduled Caste under
    the Presidential Order 1950. The name of Bagri caste is mentioned at S.No.2
    in the list. Father of the petitioners was issued a caste certificate and a
    domicile certificate on 08/02/1991 by respondent No.5. Petitioners’ father
    was appointed in the office of District Commandment Armed Force as a
    Constable on the basis of caste certificate which was issued by the
    Authorities. The revenue records from year 1957 to 1965 reflects the caste of

    Signature Not Verified
    Signed by: SHUBHANKAR
    MISHRA
    Signing time: 25-03-2026
    18:04:46
    NEUTRAL CITATION NO. 2026:MPHC-JBP:24238

    2 WP-11659-2018
    the petitioners’ grandfather as Bagri and so also in the school register.
    Petitioners No.1 and 2 applied for grant of caste certificate through his father
    and petitioner No.3 applied for caste certificate before respondent No.4 but
    their claims have been rejected by order dated 28/03/2017. They preferred an
    Appeal before the Collector. The said Appeal was allowed by order dated
    23/05/2017. The said order was not challenged before any of the Courts,
    therefore the said order has attained finality. Vide order dated 23/05/2017,
    respondent No.3 directed the respondent No.4 to issue caste certificate within
    a period of 15 days but the same was not complied with. Therefore, a Writ
    Petition No.20805/2017 was filed before this Court which was disposed of
    vide order dated 05/12/2017 with certain directions. Thereafter, a Review

    Petition being R.P. No.1415/2017 was preferred by the Government before
    this Court. The Review Petition was allowed on 16/03/2018 and liberty was
    extended to the petitioners to challenge the order passed by the Sub
    Divisional Officer in appropriate proceedings.

    3. It is argued that the order dated 13/06/2017 has been issued without
    giving any opportunity of hearing to the petitioners and the same is contrary
    to the order passed by the Collector. Therefore, petitioners are challenging
    the order passed by Sub Divisional Officer by filing the present petition on
    the ground that no opportunity of hearing was granted to them and principles
    of natural justice and fair play have been violated in the matter by the
    respondents Authority. Respondents have not considered the claim of
    petitioners in proper perspective. They have not conducted any enquiry prior
    to rejecting the claim of the petitioners. Even the order passed by the

    Signature Not Verified
    Signed by: SHUBHANKAR
    MISHRA
    Signing time: 25-03-2026
    18:04:46
    NEUTRAL CITATION NO. 2026:MPHC-JBP:24238

    3 WP-11659-2018
    superior Authority i.e. Collector directing the Sub Divisional Officer for
    issuance of a caste certificate has not been complied by the Sub Divisional
    Officer. Therefore, the same is bad in law. He has prayed for quashment of
    the order passed by the Authority with a further direction to issue caste
    certificate to the petitioners in pursuance to the order passed by the
    Collector. Learned counsel for the petitioners has placed reliance upon an
    order dated 05/09/2024 passed by a Co-ordinate Bench of this Court in the
    case of Rajendra Kumar Vs. The State of Madhya Pradesh and Others in
    Writ Petition No.26493/2018, wherein the Court while disposing of the Writ
    Petition has made an observation that the scrutiny committee found Bagri
    community hailing from Malwa who was doing work of theft and dacoity
    and was recognised as a criminal caste and while allowing the Writ Petition,
    the Court held that the petitioner is entitled for getting benefits applicable to
    him belonging to Bagri community.

    4 . On notice being issued, a reply has been filed by the respondents.
    They have denied the petition averments. It is argued that a detailed enquiry
    was conducted by Tehsildar, Dhimarkheda with respect to claim raised by
    the petitioners. The report shows that the person who belongs to Bagri Caste
    is mainly residing in districts Ujjain, Sajapur, Guna, Rajgarh and in terms of
    letter dated 14/07/2003 issued by the SC Welfare Department, the person
    who belongs to Bagri caste who are residing in Mahakaushal, Vindhya and
    Bundelkhand region are not eligible for the benefit of SC caste. Considering
    the aforesaid the Authority has passed a detailed order. The enquiry report as

    well as the letter dated 14/07/2023 are not put to challenge at any point of

    Signature Not Verified
    Signed by: SHUBHANKAR
    MISHRA
    Signing time: 25-03-2026
    18:04:46
    NEUTRAL CITATION NO. 2026:MPHC-JBP:24238

    4 WP-11659-2018
    time. They have categorically stated that prior to passing of the order,
    petitioners were not heard but hearing petitioners will be an empty formality
    because in terms of the Scheduled Caste Commission letter, the persons who
    are residing at Mahakaushal, Vindhya or Bundelkhand region are not eligible
    for grant of Scheduled Caste certificate with respect to Bagri caste.
    Admittedly, petitioners are the residents of Mahakaushal region, therefore
    not entitled for any relief in the Writ Petition. Therefore, the order passed by
    the Authority was rightly passed. He has prayed for dismissal of the Writ
    Petition.

    5. Heard learned counsel for the parties and perused the record.

    6. It is the case of the petitioners that they applied for issuance of caste
    certificate of Bagri community based upon the records of their ancestors.
    The claim of the petitioners was rejected by Sub Divisional Officer initially,
    but on Appeal being preferred, Collector vide order dated 23/05/2017 has
    allowed the claim of the petitioners. Collector has categorically observed that
    the caste Bagri belonging to SC community is clearly reflected in the
    Presidential notification which was issued in the year 1950 and name of
    Bagri caste is mentioned at S.No.2 in the said list.

    7 . The aforesaid aspect was not taken note of by the Sub Divisional
    Officer while passing the impugned order. The respondents while passing the
    impugned order has taken note of the letter issued by the Schedule Caste
    Welfare Department dated 14/07/2003 which shows that the person
    belonging to Bagri caste who is residing in Mahakaushal, Vindhya or
    Bundelkhand region is not eligible for extension of benefits of SC caste. But

    Signature Not Verified
    Signed by: SHUBHANKAR
    MISHRA
    Signing time: 25-03-2026
    18:04:46
    NEUTRAL CITATION NO. 2026:MPHC-JBP:24238

    5 WP-11659-2018
    the fact remains that the impugned order has been passed without providing
    any opportunity of hearing to the petitioners.

    8. Petitioners have placed heavy reliance upon the order passed in the
    case of Rajendra Kumar (supra), wherein while considering the case of
    Rajendra Kumar, who belongs to Bagri community, the High Power Caste
    Scrutiny Committee has observed that person Bagri community hailing from
    Malwa who was doing the work of theft and dacoity are recognised as a
    criminal caste belong to Bagri community and while allowing the Writ
    Petition has observed that the petitioner is entitled to all benefits as
    applicable to him belonging to Bagri caste. In terms of the observation made
    by the High Level Caste Scrutiny Committee, the letter issued by the
    Scheduled Caste Welfare Department lost its gravity. Therefore, prior to
    passing the impugned order, at least an opportunity of hearing should have
    been granted to the petitioners. The impugned order does not reflect
    consideration of the case of the petitioners as far as their forefathers are
    concerned. It was the specific case of the petitioners that their father belongs
    to Bagri community and he was issued a caste certificate.

    9. The said aspects were not taken into consideration while passing the
    impugned order by the Authority. Even otherwise, opportunity of hearing
    was not granted as has been admitted by the respondents in their reply.

    10. The principles of natural justice and fair play should have been
    adhered to by the authorities. The Full Bench of Hon’ble Supreme Court
    recently in the case of Krishnadatt Awasthy vs. State of M.P. and others
    reported in 2025 Supreme (SC) 248 with respect to principle of natural

    Signature Not Verified
    Signed by: SHUBHANKAR
    MISHRA
    Signing time: 25-03-2026
    18:04:46
    NEUTRAL CITATION NO. 2026:MPHC-JBP:24238

    6 WP-11659-2018
    justice and fair play considering the earlier judgments passed in the cases
    o f Maneka Gandhi v. Union of India, (1978) 1 SCC 248; S.N. Mukherjee v.
    Union of India
    , (1990) 4 SCC 594; Siemens Engg. & Mfg. Co. of India Ltd. v.
    Union of India
    , (1976) 2 SCC 981; CCI v. SAIL, (2010) 10 SCC 744; Kranti
    Associates (P) Ltd. v. Masood Ahmed Khan
    , (2010) 9 SCC 496 and in the case
    of AK Kraipak v Union of India (1969) 2 SCC 262 has held as under:-

    “16. In this case, our primary focus is on procedural
    impropriety and in particular, the breach of the principles of
    natural justice. The process for arriving at a decision is
    equally significant as the decision itself. If the procedure is
    not ‘fair’, the decision cannot be possibly endorsed. The
    principles of natural justice as derived from common law
    which guarantee ‘fair play in action’, has two facets which
    include rule against bias and the rule of fair hearing.
    Additionally, a reasoned order has also been regarded as a
    third facet of the principles of natural justice and holds
    utmost significance in ensuring fairness of the process.

    17. The first issue that falls for our consideration is whether
    the selection stands vitiated on the ground of violation of
    the rule against bias. It must be borne in mind that when a
    statute specifies the procedure for administrative decision
    making, the principles of natural justice supplement but do
    not substitute the statutory procedure. However, even if the
    statute does not provide for the administrative procedure,
    the authorities are bound to make decisions adherence to
    the principles of natural justice.”

    11 . The Hon’ble Supreme Court in the case of Raj Restaurant vs
    Municipal Corpn.
    , reported in (1982) 3 SCC 338 wherein it has been held as
    under :

    “5. Where, in order to carry on business a licence is
    required, obviously refusal to give licence or cancellation
    or revocation of licence would be visited with both civil
    and pecuniary consequences and as the business cannot be
    carried on without the licence it would also affect the
    livelihood of the person. In such a situation before either
    refusing to renew the licence or cancelling or revoking the
    same, the minimum principle of natural justice of notice

    Signature Not Verified
    Signed by: SHUBHANKAR
    MISHRA
    Signing time: 25-03-2026
    18:04:46
    NEUTRAL CITATION NO. 2026:MPHC-JBP:24238

    7 WP-11659-2018
    and opportunity to represent one’s case is a must. It is not
    disputed that no such opportunity was given before taking
    the decision not to renew the licence though it is admitted
    that for the reasons hereinbefore set out the licence was not
    renewed. Such a decision in violation of the minimum
    principle of natural justice would be void. Now, it is true
    that no specific order is made setting out the reasons for
    refusal to renew the licence. But the action taken of sealing
    the premises for carrying on the business without a licence
    clearly implies that there was refusal to renew the licence
    and the reasons are now disclosed. And the action
    disclosing the decision being in violation of the principle of
    natural justice, deserves to be quashed.”

    12. The Supreme Court in the case of Maneka Gandhi vs Union of India,
    reported in (1978) 1 SCC 248 has held as under :

    “221. It is well established that even where there is no
    specific provision in a statute or rules made thereunder for
    showing cause against action proposed to be taken against
    an individual, which affects the rights of that individual, the
    duty to give reasonable opportunity to be heard will be
    implied from the nature of the function to be performed by
    the authority which has the power to take punitive or
    damaging action. This principle was laid down by this
    Court in the State of Orissa v. Dr (Miss) Binapani Dei [AIR
    1967 SC 1269, 1271 : (1967) 2 SCR 625 : (1967) 2 LLJ
    266] in the following words:

    “The rule that a party to whose prejudice an order is
    intended to be passed is entitled to a hearing applies alike
    to judicial tribunals and bodies of persons invested with
    authority to adjudicate upon matters involving civil
    consequences. It is one of the fundamental rules of our
    constitutional set-up that every citizen is protected against
    exercise of arbitrary authority by the State or its officers.
    Duty to act judicially would, therefore arise from the very
    nature of the function intended to be performed : it need
    not be shown to be superadded. If there is power to decide
    and determine to the prejudice of a person, duty to act
    judicially is implicit in the exercise of such power. If the
    essentials of justice be ignored and an order to the prejudice
    of a person is made, the order is a nullity. That is a basic
    concept of the rule of law and importance thereof
    transcends the significance of a decision in any particular
    case.”

    13. In the case of CCI vs SAIL , reported in (2010) 10 SCC 744 , the
    Hon’ble Supreme Court has held as under :

    Signature Not Verified
    Signed by: SHUBHANKAR
    MISHRA
    Signing time: 25-03-2026
    18:04:46

    NEUTRAL CITATION NO. 2026:MPHC-JBP:24238

    8 WP-11659-2018
    “66. The issue of notice and hearing are squarely
    covered under the ambit of the principles of natural
    justice. Thus, it will not be inappropriate to discuss
    these issues commonly under the same head. The
    principle of audi alteram partem, as commonly
    understood, means “hear the other side or hear both
    sides before a decision is arrived at”. It is founded on
    the rule that no one should be condemned or deprived of
    his right even in quasi-judicial proceedings unless he
    has been granted liberty of being heard.”

    1 4 . The Hon’ble Supreme Court in the case of M/s Kranti
    Associates Pvt. Ltd. and Another Vs. Masood Ahmed
    , reported in (2010) 9
    SCC 496 has held as under:-

    “47. Summarizing the above discussion, this Court
    holds:-

    (a) In India the judicial trend has always been to record
    reasons, even in administrative decisions, if such
    decisions affect anyone prejudicially.

    (b) A quasi-judicial authority must record reasons in
    support of its conclusions.

    (c) Insistence on recording of reasons is meant to serve
    the wider principle of justice that justice must not only
    be done it must also appear to be done as well.

    (d) Recording of reasons also operates as a
    valid restraint on any possible arbitrary exercise of
    judicial and quasi-judicial or even administrative power.

    (e) Reasons reassure that discretion has been exercised
    by the decision maker on relevant grounds and
    by disregarding extraneous considerations.

    (f) Reasons have virtually become as indispensable a
    component of a decision making process as
    observing principles of natural justice by judicial,
    quasi-judicial and even by administrative bodies.

    (g) Reasons facilitate the process of judicial review by
    superior Courts.

    (h) The ongoing judicial trend in all countries
    committed to rule of law and constitutional governance
    is in favour of reasoned decisions based on relevant
    facts. This is virtually the life blood of judicial
    decision making justifying the principle that reason is

    Signature Not Verified
    Signed by: SHUBHANKAR
    MISHRA
    Signing time: 25-03-2026
    18:04:46
    NEUTRAL CITATION NO. 2026:MPHC-JBP:24238

    9 WP-11659-2018
    the soul of justice.

    (i) Judicial or even quasi-judicial opinions these days
    can be as different as the judges and authorities who
    deliver them. All these decisions serve one common
    purpose which is to demonstrate by reason that the
    relevant factors have been objectively considered. This
    is important for sustaining the litigants’ faith in the
    justice delivery system.

    (j) Insistence on reason is a requirement for both
    judicial accountability and transparency.

    (k) If a Judge or a quasi-judicial authority is not candid
    enough about his/her decision making process then it is
    impossible to know whether the person deciding is
    faithful to the doctrine of precedent or to principles of
    incrementalism.

    (l) Reasons in support of decisions must be cogent,
    clear and succinct. A pretence of reasons or `rubber-

    stamp reasons’ is not to be equated with a valid decision
    making process.

    (m) It cannot be doubted that transparency is the sine
    qua non of restraint on abuse of judicial powers.

    Transparency in decision making not only makes the
    judges and decision makers less prone to errors but also
    makes them subject to broader scrutiny. (See David
    Shapiro in Defence of Judicial Candor (1987) 100
    Harward Law Review 731-737).

    (n) Since the requirement to record reasons emanates
    from the broad doctrine of fairness in decision making,
    the said requirement is now virtually a component of
    human rights and was considered part of Strasbourg
    Jurisprudence. See (1994) 19 EHRR 553, at 562 para
    29 and Anya vs. University of Oxford, 2001 EWCA Civ
    405, wherein the Court referred to Article 6 of
    European Convention of Human Rights which requires,
    “adequate and intelligent reasons must be given for
    judicial decisions”.

    (o) In all common law jurisdictions judgments play a
    vital role in setting up precedents for the future.
    Therefore, for development of law, requirement of
    giving reasons for the decision is of the essence and is
    virtually a part of “Due Process”.

    Signature Not Verified
    Signed by: SHUBHANKAR
    MISHRA
    Signing time: 25-03-2026
    18:04:46

    NEUTRAL CITATION NO. 2026:MPHC-JBP:24238

    10 WP-11659-2018

    15. If the aforesaid proposition is applied to the fact and circumstances
    of the present case, it is clear that all the grounds which have been raised by
    the petitioners in support of their claim for Bagri community should have
    been considered by the Authorities prior to passing the impugned order and
    reasons should have been assigned in the impugned order and full
    opportunity of hearing should be granted to the petitioners to demonstrate
    their case, which has not been done by Sub Divisional Officer while passing
    the impugned order.

    16. Under these circumstances, the impugned order is unsustainable. It
    is hereby quashed. The matter is remanded back to the Authorities for
    reconsideration of the case of the petitioners.

    17. The entire exercise be completed within a period of 90 days from
    the date of receipt of certified copy of this order giving opportunity of
    hearing to the petitioners.

    18. With aforesaid observations, the petition is finally disposed of. No
    order as to costs.

    (VISHAL MISHRA)
    JUDGE

    Shbhnkr

    Signature Not Verified
    Signed by: SHUBHANKAR
    MISHRA
    Signing time: 25-03-2026
    18:04:46



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here