ORDER 1. Petitioner by Shri Arvind Dudawat, Advocate, respondents No.1 to 3 by Smt. Ami Prabal, Deputy Advocate General, respondent No.4 by Shri Vinod Sharma, Assistant Solicitor General. 2. This petition is filed in the nature of Public Interest Litigation by the petitioner-Society praying therein that the members of the castes known as "Oraon", "Kanwar", "Nagesia", "Kharia" and "Munda" are the members of Scheduled Tribes and Caste Certificates be issued to the persons belonging to the aforesaid castes. 3. Learned counsel for the petitioner submitted that Presidential Notification has been issued by the President for Scheduled Castes and Scheduled Tribes under the Constitution (Scheduled Castes) Order, 1950 and The Constitution (Scheduled Tribes) Order, 1950. It is mentioned in paragraph 3 of the Notification that any reference in this Order to State or to a District or other territorial division thereof shall be construed as a reference to the State, District or other territorial division as constituted on the 1st day of May, 1976. In the list of Scheduled Tribes, as Serial No. 20 "Kawar, Kanwar", at serial No. 23 "Kharia", at serial No. 33 "Munda, at serial No. 34 "Nagesia, Nagasia" and at serial No. 35 "Oraon, Dhanka and Dhangad" are included. Thus, the aforesaid castes are included in the Presidential Scheduled Tribe Order at serial Nos. 20, 23, 33, 34 and 35. Thus, members of these tribes are entitled to get the caste certificate. 4. Counsel for the State submitted that the Presidential Notification of these castes relates to particular district and not to the entire State. It is further contended that as per notification (Annexure R-l), a letter was issued by the Ministry of Home Affairs on 22.3.1977, wherein it was directed that in case of persons born after the date of notification of the relevant Presidential Order, the place of residence for the purpose of acquiring Scheduled Caste or Scheduled Tribes status, is the place of permanent abode of their parents at the time of the notification of the Presidential Order under which they claim to belong to such a caste tribe. Thus, on the date of notification in the year 1950 or by way of subsequent amendments from time to time, the date of inclusion of caste will be the date on which the caste is included in the Presidential Order. The question of permanent abode is to be decided for each and every case separately. Thus, on the date of notification in the year 1950 or by way of subsequent amendments from time to time, the date of inclusion of caste will be the date on which the caste is included in the Presidential Order. The question of permanent abode is to be decided for each and every case separately. Therefore, persons belonging to aforesaid castes are entitled for issuance of caste certificates. As regards their permanent abode and other questions are concerned, they will be examined by the concerned authority before issuing the caste certificate. However, certificate cannot be denied on the ground that the certificate can be issued only for notified districts, as aforesaid castes have been included in the Scheduled Tribes list for the entire State of Madhya Pradesh. 5. At this stage, counsel for the petitioner submitted that those persons who were born in the erstwhile State of Madhya Pradesh at Bilaspur or are residents of Bilaspur are not entitled for Caste Certificate. 6. As discussed above, the members of castes whose names are mentioned in the Presidential Order after reorganisation of State at Serial Nos. 20, 23, 33, 34 and 35 are entitled for caste certificate. It is further directed that before issuing caste certificates, the question of permanent abode has to be decided for each and every case separately on their merit. It is further directed that the Notification (Annexure P-8) dated 11.7.2005 will be modified in terms of The Constitution (Scheduled Tribes) Order, 1950. It is clarified that residents of new State of Chhattisgarh should not be discriminated in issuance of Caste Certificate if they have settled in the State of Madhya Pradesh after considering the omission of Entries Nos. 21, 32 and 39 from the Constitution (Scheduled Tribes) Order, 1950 by Act 10 of 2003. 7. Petition succeeds and is allowed. 8. As regards, security amount is concerned, it is agreed by the parties that 50% of the amount of security will be paid to the Legal Services Authority and remaining 50% amount of security shall be paid to High Court Bar Association, Gwalior for its library funds.