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2015 DIGILAW 724 (ORI)

SRINIBASA MOHARANA v. COLLECTOR, JAGATSINGHPUR

2015-12-23

SANJU PANDA

body2015
JUDGMENT : Sanju Panda, J. 1. Petitioner in this application has challenged the order dated 1.9.2015 passed by opposite party No. 3-Tahasildar, Balikuda in Misc. Certificate Case No. e-OBC/582/2015 rejecting the application for issuance of caste certificate as well as with a prayer to direct the opposite party No. 3 to issue a fresh OBC certificate in favour of the petitioner by taking his caste as "Badhai". The facts leading to the present case are as follows:-- "It is averred in the writ petition that petitioner is an Engineering Graduate and belongs to Other Backward Class. His caste being "Badhei" as spelt in Odia vernacular. The caste "Badhei" was recognized as a back ward class and it has been spelt as "Badhai". Basing on such recognition as a backward class, the petitioner time and again was issued with the caste certificate by opposite party No. 3 on different occasions. Copy of the same annexed with the writ petition as Annexure-2 series. Basing on such certificate issued by opposite party No. 3 on 6.2.2014 in Misc. Certificate Case No. e-OBC/16 of 2014 petitioner submitted his application for the post of Asst. Loco Pilot before the Railway Recruitment Board, Bhubaneswar. In the said recruitment petitioner was qualified in the written test as well as in the skill test. After qualification of the petitioner the Railway Recruitment Board issued the letter dated 4.8.2015 for verification of documents. In the said letter it was directed that the petitioner shall produce all the certificates including the OBC certificate which should have been issued before the date of verification. On receipt of the said letter petitioner applied for a fresh OBC certificate before opposite party No. 3 on 1.9.2015 which was registered as Misc. Certificate Case No. e-OBC/582 of 2015. The caste of the petitioner is spelt as "Badhei" in Odia vernacular. In English it is also written as "Badhai". The caste "Badhai" has been included in the list of back ward class by the Government of India. The opposite party No. 3 on different occasion had issued OBC certificate in favour of the petitioner by indicating his caste as "Badhai" but in the impugned order the opposite party No. 3 rejected the application of the petitioner to issue such certificate on the ground that the petitioner's caste being "Badhei" not "Badhai". The opposite party No. 3 on different occasion had issued OBC certificate in favour of the petitioner by indicating his caste as "Badhai" but in the impugned order the opposite party No. 3 rejected the application of the petitioner to issue such certificate on the ground that the petitioner's caste being "Badhei" not "Badhai". Hence "Badhei" as not been included in the OBC list he rejected the application of the petitioner for issuance of a caste certificate illegally." 2. A counter affidavit filed on behalf of the opposite parties justifying the impugned order passed by opposite party No. 3. It is also stated that the SEBC list was prepared by the State of Orissa as per the recommendation of Orissa State Commission for Backward Classes (OSCBC) and copy of the State and central list of Socially and Educationally Backward Classes of Orissa filed as Annexure-A series. In view of the said list the caste certificate issued till 2013 as "Badhai" even though their revenue record of right it was written as "Badhei". The Government has also received letter from the State Coordinator, NCSC from which it came to the notice of the Government that people of "Badhei" caste received OBC certificate as "Badhai" and as per Section 9(1) of Chapter-III of Orissa State Commission for Backward Classes Act, 1993 earlier as per the OSCBC is empowered to recommend inclusion/exclusion of any caste in the SEBC list. Accordingly after receiving the said letter from the National Commission for Scheduled Caste, the Government of Orissa issued a letter on 18.4.2015 clarifying the position that "Badhai" caste has been included in the Central list of OBC. Thereafter the concerned authorities have not issued any caste certificate in respect of "Badhei". 3. It is also contended by the opposite parties that before amendment brought in the OBC list at serial No. 4 of the Central list objection was raised from various quarter to consider some synonymous caste of "Badhai" to be included in the Central Government list. As per the enquiry conducted by the Commission constituted under the Act recommendation was made to the Government to make necessary correction in the list. The list was amended by incorporating the caste and list was corrected accordingly. As per the enquiry conducted by the Commission constituted under the Act recommendation was made to the Government to make necessary correction in the list. The list was amended by incorporating the caste and list was corrected accordingly. After amendment in 1992 a meeting was held by the committee constituted under the Act pursuant to direction of this Court to reconsider the grievance of some of the communities to be included in the State as well as Central list. However on 29th April, 2003 the grievance of the "Badhei" community was taken into consideration by the committee along with other several castes, however no decision taken in respect of "Badhei" caste as no body appeared before the Commissioner to put forth their grievance. A copy of such report produced by the learned Addl. Government Advocate. Copy of the said report reveals the said facts. One Nikhila Utkal Biswakarma Samiti also requested the State Government for correction of spelling in the said list with regard to list of OBC in the State. 4. Additional affidavit filed by the petitioner producing the central list of OBC with regards to the State of Orissa which reveals that the "Badhai" caste was included. He has also produced a copy of the recommendation of the Mandal Commission in respect of State of Orissa i.e. O.M. No. 36012/22/93-Esst (SCT) dated 8th September, 1993 which reveals that at entry No. 8 the Commission has recommended to include Badhai, Badhei, Bindhania, Sutradhar, Badhira, Badhia. 5. The learned Addl. Government Advocate also produced the record of the Government of Orissa Tribal Welfare Department dated 10th September, 1993 wherein the Backward Commission set up on 3rd February, 1991 to identify Socially and Educationally Backward Classes in the State of Orissa for the purpose of extending benefits with reference to the Mandal Commission's report recommended to accept the list submitted by the Mandal Commission for reservation of Socially and Educationally Backward Classes in service in respect of State of Orissa. The Commission has given the finding that people of some communities who are different added to the list being synonymous with the existing castes in the Mandal list their serial numbers and entries relating to one community to be clubbed together as they are synonymous and rectification of the list prepared by the Mandal Commission by excluding castes and communities who really belong to Scheduled Castes and Scheduled Tribes as they have no ethnic origin in Orissa. In the details of the aforesaid report at Point No. 23 the Commissioner has specifically written that on careful consideration the Commission has found that there are many castes/communities included in the list of Mandal Commission as O.B.C. who really belong to S.T. or S.C. Some castes are to be found in the list whose ethnical origin in Orissa could not be traced. Moreover, in the list some surnames of different castes have been described as particular castes and also there are people of some communities who are to be included in the list. At point No. 24.1 the castes included in the S.T's. which was described as OBC are deleted. At Point No. 24.2 S.C. communities are deleted from the OBC list. At Point No. 24.4 the Commissioner has specifically stated the castes which are desirable not to be included in the list of O.B.C. In the said report the caste "Badhei" which is the Mandal list was not deleted. The discussion made hereinabove it reveals that all recommendation of the Mandal Commission has been duly enquired into by the Backward Class Commission appointed by the State Government in the year 1993. As per the said Commission report the list prepared by the Mandal Commission was ratified and the Backward Commission has given the finding as well as the recommendation which castes are to be excluded and included in the OBC list in respect of State of Orissa is concerned. The report dated 10th September, 1993 of the Commission as discussed in the above paragraph crystal clear that the caste "Badhei" was not excluded from the list. The list prepared by the Mandal Commission in its Oriya vernacular included the "Badhei" and same was not recommended to be deleted from the list. Hence while the list prepared in the English translation the Odiya word "Badhei" is not correctly reflected in the OBC list. The list prepared by the Mandal Commission in its Oriya vernacular included the "Badhei" and same was not recommended to be deleted from the list. Hence while the list prepared in the English translation the Odiya word "Badhei" is not correctly reflected in the OBC list. However the OM dated 8th September, 1993 (supra) clearly reflected the said word which is included in the OBC list for State of Orissa. It is also admitted position that there are no two category of caste in the State as "Badhai" or "Badhei" and the said caste is only differently spelled in Oriya vernacular. It is only one community i.e. "Carpenter". In view of the discussion made hereinabove this Court sets aside the impugned order dated 1.9.2015 as the same is not maintainable and directs the opposite party No. 3 to issue the OBC caste certificate in favour of the petitioner within a period of two weeks from today on production of the certified copy of the order. Accordingly the writ petition is allowed. Final Result : Allowed