JUDGMENT 1. - This writ petition involves the question as to whether the petitioner, Yatish Kumar, is a person belonging to a Scheduled Caste and he could be selected against a post reserved for persons belonging to Scheduled Castes. 2. The case of the petitioner, as set out in the writ petition is that he is resident of village Kalwar in Tehsil and district Jaipur and that he belongs to the Garura caste. The petitioner has stated that the members of the Garura community are also known as Garo, Gurda and Garuda in different parts of Rajasthan and the main function of the said community is to act as a priests (Purohit) for performing birth and death rites of Chatnars, Balais, Meghwals, cegars Dhanka etc., and that the members of the said community are by virtue of their functions, treated as family priests (Kulgura). According to the petitioner, on account of the social and educational backgrounds of persons belonging to the Garura community, the said caste has been notified as a Scheduled Caste under the Constitution (Scheduled Castes) Order, 1950, the case of the petitioner is further that on 15th October, 1982, the Tehsildar Jaipur had issued a certificate certifying that the petitioner is Garura by caste and that the said Garura caste is a Scheduled Caste. The petitioner appeared in the Patwar competetive examination, 1983. By order (Annexure 2) dated 4th May, 1983 passed by the Collector, Jaipur, the petitioner was informed that he had been selected for the Patwar training and lie was required to appear at the Patwar training centre, Deeg on 12th May 1983. It appears that Hemant and Yogendra Kumar, the younger brothers of the petitioner had also applied before the Tehsildar Tehsil Jaipur for a certificate that they belong to a Scheduled Caste and on that application an inquiry was initiated by the Tehsildar, Tehsil, Jaipur as to whether they belonged to a Scheduled caste and the matter was referred to the Naib Tehsildar. Sub-tehsil, Kalwar. Sub-tehsil, Kalwar. The Naib Tehsildar submitted a report Annexure (3) dated 31st December, 1982 to the Tehsildar wherein it was stated that on inquiry it has been found that Hemant son of Kameshwar Prasad and Yogendar Kumar son of Kameshwar Prasad are known as Garudas in village Kalwan and that Garuda caste is a Scheduled caste and that if they have described themselves as Kaushik in their application it was not correct and that in fact the said applicants are known as Garudas. In the said report it was also stated that it was possible that their Gotra was Kaushik. The Tehsildar Tehsil Jaipur also initiated proceedings with regard to the cancellation of the certificate dated 15th October, 1982 issued by him to the petitioner certifying that he belongs to a Scheduled Caste. After the order dated 4th May, 1983 with regard to selection of the petitioner for Patwar training hod been passed, the Tehsildar, Tehsil Jaipur informed the Collector, Jaipur on 7th May, 1983, that an inquiry was being conducted with regard to the petitioner belonging to Scheduled Caste. In view of the said letter of the Tehsildar, the collector passed an order (Annexure 1) dated 13th May, 1983 directing the Tehsildar to submit the inquiry report within three days and the order dated 4th May, 1983 was stayed till further orders. Thereafter, the Collector. Jaipur passed the order (Annexure 12) dated 2nd June 1983 whereby he rescinded his earlier order dated 4th May, 1983. In the said order the Collector has referred to he inquiry report submitted by the Tehsildar and has observed that the certificate about the petitioner belonging to a Scheduled Caste was issued wrongly and that he does not belong to a Scheduled Caste Feeling aggrieved by the aforesaid order dated 2nd June, 1981, the petitioner his filed this writ petition wherein he has prayed that the report of the Tehsildar dated 24th May, 1983 as well as the orders dated 13th May, 1983 and 2nd June, 1983 passed by the Collector may be quashed and it may be declared that the petitioner is member of the Garura Scheduled caste. 3. In the writ petition, the petitioner has placed reliance on the certificate (Annexure 5) dated 18th December, 1982 issued by Shri Vijay Raj. 3. In the writ petition, the petitioner has placed reliance on the certificate (Annexure 5) dated 18th December, 1982 issued by Shri Vijay Raj. R.A.S. Private Secretary to the Minister for Ayurved, Irrigation and Rural Employment, Government of Rajasthan, certifying that the petitioner belong to the Garura caste which is a Scheduled Caste. The petitioner has also stated that Shri B.R. Sharma, Assistant Director, Commercial Broadcastia-Service. All India Radio, Jaipur also belongs to the Garura community and he has also availed the benefit of being a member of a Scheduled Caste as per Government Rules in the matter of recruitment/promotion and he has filed a copy of the certificate (Annexure 6) dated 22nd June, 1983 issued in that regard by the Director, All India Radio, Jaipur as well as the certificate (Annex 7) dated 3rd October, 1973 issued by the Collector and District Magistrate. Sikar certifying that Shri Bhim Raj Sharma belonged to Gurda community which is recognised as a scheduled Caste under the Scheduled Caste and Scheduled Caste and Scheduled Tribes Order (Amendment) Act, 1956. It has also been stated by the petitioner, that since there is a dispute about the petitioner belonging to a Scheduled Cate was raised before the Tehsildar, Jaipur he had filed affidavit of Shri B.R. Sharma wherein it has been stats that the petitioner belongs to the Garuda caste and the same is a Scheduled Caste. The petitioner has also filed the affidavit of one Shri Bhanwar Lal Sharma who also happens to be of the same caste and knows the petitioner well. 4. The writ petition has been opposed by respondent Nos. 1, 3 and 4 who have filed a reply to the writ petition contesting the claim of the petitioner that he belongs to Scheduled Caste. The petitioner has tiled a rejoinder to the said reply. On behalf of the respondents an additional affidavit of Shri Devi Dayal has been filed. The petitioner has filed a reply to the said additional affidavit. 5. At the outset it may be mentioned that under the Constitution (Scheduled Castes) Order, 1950 issued by the President of India in exercise of the powers conferred on him by clause (1) of Article 342 of the Constitution of India, 'Garo, Garura, Gurda, Garoda." have been notified as Scheduled Castes and are mentioned at S.No. 27 of the list of Scheduled Castes in Rajasthan. In the Census of India 1961, Vol. XIV, Part V-C relating to Rajasthan there is the following statement with reference to Garudas: "76. The Garudas consider themselves to be Brahmins. They are priests, who officiate at the religious and social functions of Bhar, bis Meghwals and other low caste people. A legend is cited according to which Brahma had two sons. Megh and Garg. The descendants of the former are said to have been turned out of the cast because they dragged the deadbody of a cow and were consequently called Meghwals. The descendants of Garg were invited to officiate at the marriage function of one of the sons of the Meghwals Brahma is said to have warned them not to accept anything from the Meghwals, but they did not heed his warning and were consequently excommunicated. Since then the descendants of Garg have adopted the profession of officiating the ceremonial functions of the Meghwals and other communities and are styled as Garudas. The Garudas in Janvi belong to Kala clan." 6. It appears that Garodas are also found in the State of Gujarat and in the Census of India 1961, Volume Part VI No. 6 relating to Gujarat there is the following statement in relation to Garodas : "Garodas, also called Garos or Harijan Brahmins, are priests of Harijans. They, therefore, occupy a position of significance in the Hartjan society. They believe that they are descendants of Brahmins degraded by serving the unclean castes. They bear surnames like Dave, Pandya, etc. Like Brahmins among caste Hindus, they perform a variety of functions for the Scheduled Castes. They officiate at their marriage and death, work as astrologers, draw up horoscopes, and read religious books. Some of them also give medical advice to their yajmans, Many even work as tailors and barbers to Harijans, who are sometimes denied such services by the professional artisan castes. They believe that the religious leadership and guidance service and assistance offered by them have prevented a large section of Harijans from conversion to other religions. At the same time there is feeling among them that while their clients. among whom are agriculturists and craftsman. have given up unclean occupations. begging, and such other degrading activities and taken to new industries and professions, sometimes which Government assistance they themselves have remained backward, dependent upon alms and charity. They bury their dead and perform shradha. At the same time there is feeling among them that while their clients. among whom are agriculturists and craftsman. have given up unclean occupations. begging, and such other degrading activities and taken to new industries and professions, sometimes which Government assistance they themselves have remained backward, dependent upon alms and charity. They bury their dead and perform shradha. They permit divorce and widow marriage The Garoda households of Isampur worship Shanker. Shri Rama and Hanuman The occupations followed by them include tailoring, service in mill agricultural labour, service as peon in the municipality and officiating as priest to Harijans " 7. In the Ethnographic Atlas of Rajasthan (With reference to Scheduled Castes & Scheduled Tribes) published by the Government of Rajasthan under the head 'Garoda' (also called Garo, Garoda or Gurda), it has been stated : "A widespread community of priests of the Bhambis and other low castes, the Garodas variously called Garuda or Gurda socially rank the highest among the Scheduled Castes and other low castes of the State. They trace their origin from the Brahmins. The reference to Garodas in the aforesaid official documents shows that though Garodas who are also called Garo, Garuda or Gurda, trace their origin from Brahmins, but since they mainly perform religious and social functions of the persons belonging to the low castes, they are treated as belonging to a Scheduled Caste and for that reason they have been included in the category of Scheduled Castes notified by the Presidential Order issued under clause ( ) of Article 341 of the Constitution of India. It must therefore be held that Garo, Garoda. Garuda or Gurda, though they claim themselves to be Brahmins, are persons belonging to a Scheduled Caste. 8. The next question which needs to be considered in this writ petition is as to whether the petitioner is Garora as laimed by him. In this regard it may be stated that in support of his case that he is a Garora, the petitioner has placed reliance on the certificate (Annexure 1) issued by Tehsildar, Jaipur Tehsil. Jaipur, wherein it has been stated that the petitioner belongs to Garura caste and the certificate (Annexure :) dated 18th December, 1982 issued by Shri Vijay Raj, Private Secretary to State Minister for Ayurved. Irrigation and Rural Employment. Jaipur, wherein it has been stated that the petitioner belongs to Garura caste and the certificate (Annexure :) dated 18th December, 1982 issued by Shri Vijay Raj, Private Secretary to State Minister for Ayurved. Irrigation and Rural Employment. Government of Rajasthan, as well as the affidavits of Shru B.R. Sharma and Bhanwar Lal Annexures 8 and 9) to the effect that the petitioner is Garura by caste. The petitioner has also placed reliance on the report (Annexure 3) dated 31st December, 1982 submitted by Naib Tehsildar in relation to Hemant and Yegendra Kumar, and brothers of the petitioner, wherein it is stated that in village Kalwar the said persons are known as Garuras The petitioner has also placed reliance on the report of the Tehsildar dated 24th May, 1983 as mentioned in the impugned order dated 2nd June, 1983 wherein also it is stated that during the course of the inquiry, the petitioner was described as Garura Brahmin. 9. As against this, the learned Addl. Government Advocate has urged that the petitioner uses surname 'Kaushik' and he must be regarded as a Brahmin and he cannot be regarded as a Garura. The learned Addl. Government Advocate has also placed reliance on the letter (Annexure R.3) dated 13th May, 1980 sent by the Post Master General, Rajasthan, Jaipur to the Deputy Secretary. Government of Rajasthan, Medical and Health Department wherein it has been stated that as per the records in the office of the Post Master General. Shri Kameshwar Prasad Kaushik SPM Jhotwara, does not belong to a Scheduled Caste. The learned Addl. Government Advocate has also relied upon the application form (Annexure R/4) submitted by Hemant Kumar Kaushik, the brother of the petitioner, wherein the said applicant has answered in the negative to the question whether the applicant belongs to a Scheduled Caste/Scheduled Tribe/backward class. It has also been submitted by the learned Addl. Government Advocate that a suit was filed by Hemant Kumar, the younger brother of the petitioner, in the court of Addl. Munsif & Judicial Magistrate, Jaipur City, Jaipur wherein he had claimed that he belongs to a Scheduled Caste and that in the said suit the Addl. Munsiff by his order (Annexure 6) dated 25th April, 1986 rejected the application for grant of temporary injunction submitted by Hemant Kumar on the view that a prima facie case has not been established. Munsif & Judicial Magistrate, Jaipur City, Jaipur wherein he had claimed that he belongs to a Scheduled Caste and that in the said suit the Addl. Munsiff by his order (Annexure 6) dated 25th April, 1986 rejected the application for grant of temporary injunction submitted by Hemant Kumar on the view that a prima facie case has not been established. On the basis of the aforesaid documents, the learned Addl. Government Advocate has urged that the petitioner cannot be regarded as Garura and therefore he cannot be considered to be a person belonging to as Scheduled Caste. 10. We have given our careful consideration to the aforesaid submissions of the learned Addl. Government Advocate, but we are unable to accept the same. The fact that the petitioner belongs to Garura community is established from the report (Annexure 3) dated 31st December, 1982 submitted by the Naib Tehsildar, Kalwar, in relation to Hemant and Yogendra Kumar, the brothers of the petitioner, wherein it is stated that the said applicants were known as Garuras in village Kalwar. The inquiry report dated 24th May, 1963 submitted by the Tehsildar to the Collector to which reference is made in the order (Annexure 12) dated 2nd June, 1953 passed by the Collector, Jaipur is also to the effect that according to the statements recorded during the inquiry it was found that the petitioner is a Garura Brahmin. In the reply to the writ petition filed on behalf of respondent Nos. 1, 3 and 4, while referring to the report of the Naib Tehsildar, it has been stated that the Naib Tehsildar, has reported that the petitioner and his father were Kaushik Brahmins and were not belonging to a Scheduled Caste. On a perusal of the report of the Naib Tehsildar was find that the said report does not support the said assertion in the reply because in the said report of the Naib Tehsildar it has been clearly stated that the applicants Hemant and Yogendra Kumar sons of Kameshaar Prasad are known as Garura in village Kalwar and that if the said applicants have described themselves s as Kaushik in their application, the same is not correct and that Kaushik may be their Gotra. On the basis of the aforesaid report (Annexure 31 dated 31st December, 982 by the Naib Tehsildar as well as the inquiry report dated 24th May, 1983 submitted by the Tehsildar, there can be no doubt that the petitioner is Garura by caste and merely because Garuras claim that they are Brahmins, it cannot be said that the petitioner does not belong to a Scheduled Caste. As pointed out earlier, all Garuras trace their origin from Brahmins and, therefore, merely because the petitioner and the members of the family are regarded as Garura Brahmins, does not mean that they do not belong to a Scheduled Caste. The mere fact that the petitioner uses the surname 'Kaushik' cannot disentitle him for claiming himself to be Scheduled Caste if it is found that he is Garura by case and the said caste has been notified as a Scheduled Caste in the Presidential Order issued under clause (1) of Article 341 of the Constitution. 11. It must, therefore, be held that the petitioner belongs to a Scheduled Caste and he was entitled to be selected against the seats reserved for Scheduled Castes. The order of the Collector dated 2nd June, 1983 rescinding the earlier order dated 4th May, 1983 on the ground that the certificate dated 15th October, 1982 certifying that the petitioner belongs to Scheduled Caste, is not correct and that the petitioner does not belong to a Scheduled Caste, cannot be sustained and must be set aside. 12. It may be mentioned that during the pendency of this writ petition, this Court has passed an interim order on 28th July, 1983 staying the operation of the order dated 2nd June, 1983. In accordance with the said interim order the petitioner should have been permitted to undergo Patwar training and he should have been appointed on the post of Patwari after completion of the training. In accordance with the said interim order the petitioner should have been permitted to undergo Patwar training and he should have been appointed on the post of Patwari after completion of the training. We however find that no action was taken by the respondents in pursuance of the said interim order pissed by this Court and the petitioner has not been permitted to undergo Patwar training for which he was selected under the order dated 4th May, 1983 As a result, the petitioner has suffered irreparable loss inasmuch as four precious years of his life have been wasted and the petitioner could not avail the benefit of the selection for Patwar training, in the competitive examination of 1983 in which he qualified and was selected for Patwar training. In the facts and circumstances, we consider it proper to direct that the petitioner should be paid a sum of Rs. 10,000/- as compensation for his being denied the benefit of the selection under order dated 4th May, 1983 for a period of 4 years. The respondents should fix the responsibility for non-implementation of the directions given by this Court in its interim order dated 28th July, 1983 and recover the said amount of Rs. 10,000/- from the person/persons found responsible for the same. 13. In the result the writ petition succeeds and the order (Annexure 12) dated 2nd June, 1983 as well as the order (Annexure 12) dated 13th May, 1983 are set aside and it is declared that the petitioner belongs to a Scheduled Caste. The petitioner will be paid a sum of Rs. 10,000/- by way of compensation. The said amount should be paid to the petitioner within a period of one month. The petitioner will also be entitled to his costs. The costs are assessed at Rs. 500/-.Petition allowed. *******