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2018 DIGILAW 1164 (JHR)

Saket Saurabh v. State of Jharkhand

2018-05-18

RAJESH SHANKAR

body2018
ORDER : 1. The present writ petition has been filed for quashing of the letter, contained in Memo no.167/Go. dated 13.02.2018 (Annexure-3 to the writ petition), whereby the Sub-Divisional Officer, Giridih (respondent no.5) has rejected the application of the petitioner for grant of OBC certificate primarily on the ground that there is difference in the caste mentioned in the caste certificate and the Khatian. 2. The factual background of the case, as stated in the writ petition, is that the petitioner belongs to Bania (Modi) caste, which comes under OBC Category. The father of the petitioner is working as Under Secretary in the School Education and Literacy Department, Government of Jharkhand, and in the caste certificate issued in the year 1984, his caste has been mentioned as ‘Modi’. The e-service book of the petitioner’s father clearly suggests that he belongs to OBC Category. Earlier, the petitioner was already granted OBC Certificate by the Deputy Commissioner and the Sub Divisional Officer, Ranchi showing his caste as Bania (Modi). However, this time, when the petitioner applied for renewal of his caste certificate, the Circle Officer, Ranchi asked him to move before the Circle Officer, Dhanwar as his native place pertains to the district Girdih. As such, he applied for issuance of caste certificate before the Circle Officer, Dhanwar, who after due verification issued the caste certificate showing his caste as Bania-Modi. Thereafter, the father of the petitioner made an application before the respondent no.5 for grant of OBC certificate in favour of the petitioner, however, the same has been rejected on the ground that the copy of Khatian produced by the petitioner in support of his caste reflects the caste of his forefathers as ‘Bania’. Thereafter, the petitioner made an application for issuance of OBC Certificate for the caste ‘Modi’ but no OBC certificate was issued in favour of the petitioner purportedly in view of Letter No.6763 dated 05.08.2016 issued by the Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand. 3. The learned counsel for the petitioner submits that the respondent authorities cannot deny the issuance of caste certificate in favour of the petitioner merely on the ground that caste-Modi has not been mentioned in the Khatian. The respondent authorities are bound to consider the certificate of the petitioner’s father who is working as Under Secretary in the State of Jharkhand. The learned counsel for the petitioner submits that the respondent authorities cannot deny the issuance of caste certificate in favour of the petitioner merely on the ground that caste-Modi has not been mentioned in the Khatian. The respondent authorities are bound to consider the certificate of the petitioner’s father who is working as Under Secretary in the State of Jharkhand. It is also submitted that the petitioner’s father also made several representations to the various authorities but till date the OBC Certificate has not been issued. The petitioner has appeared in CAT examination and he has been declared successful and if the OBC certificate is not issued to the petitioner, he would not be able to join the MBA course. 4. Heard learned counsel for the parties and perused the materials available on record. The petitioner is claiming OBC certificate on the ground that he belongs to the caste Bania-Modi. By way of filing supplementary affidavit, the petitioner brought on record “The Jharkhand Reservation of vacancies in Posts and Services (For Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 2001) (hereinafter to be referred as ‘the Act, 2001’). Appendix-2 of the Act, 2001 contains the list of Backward Classes, in which caste-Bania stands at serial no.20, which includes several sub-castes of Bania and the sub-caste ‘Modi’ is one of them. It appears from the caste certificate of the petitioner’s father (Annexure-8 to the writ petition) that he belongs to Modi Caste and he is presently serving in the Government of Jharkhand as an employee under OBC Category. The said caste certificate is still valid as the same has not been cancelled till date by any competent authority. No such fact has been brought to the notice of this Court by the learned counsel for the respondents. 5. On perusal of the impugned order, it appears that the Khatian produced by the petitioner shows the caste of the ancestors of the petitioner as “Bania”. Thus, both the Khatian and caste certificate of the petitioner’s father suggest that there is no difference in ‘Bania’ and ‘Modi’. The only ground of rejection of the petitioner’s application is that the Khaitan shows the caste of the petitioner as Bania whereas his caste certificate earlier issued shows his caste as Bania-Modi. Thus, both the Khatian and caste certificate of the petitioner’s father suggest that there is no difference in ‘Bania’ and ‘Modi’. The only ground of rejection of the petitioner’s application is that the Khaitan shows the caste of the petitioner as Bania whereas his caste certificate earlier issued shows his caste as Bania-Modi. The petitioner has already been issued caste certificate of Bania-Modi by the competent authority i.e. the Circle Officer, Giridih and now the grievance of the petitioner is that he should be issued an OBC certificate in view of Appendix-2 of the Act, 2001. The letter dated 05.08.2016 issued by the Personnel, Administrative Reforms and Rajbhasha Department, Jharkhand suggests that normally the caste certificate is to be issued on the basis of the caste recorded in the Record of Rights/land record/ Panchayat/Nagar Panchayat/Nagar Nigam/Nagar Palika/registered documents and if no such document is produced in support of the claim, then the procedure prescribed in letter no.1853 dated 26.02.2015 has to be followed, which provides for local inquiry. It is further provided in the letter dated 05.08.2016 that under no circumstance different caste certificates would be issued to two persons, belonging to one family. On perusal of record, it appears that the respondent no.5 has neither by himself nor through his subordinates made any local inquiry before rejecting the application of the petitioner. On the contrary, the documents filed by the petitioner in the writ petition clearly suggest that the petitioner is Bania-Modi by caste which comes under Appendix-2 of the Act, 2001 and, thus, he is entitled for grant of OBC Certificate. 6. Under the aforesaid circumstances the letter contained in Memo No.167/GO dated 13.02.2018 (Annexure-3 to the writ petition) issued by the Sub Divisional Officer, Giridih is hereby quashed. The petitioner is at liberty to make a fresh application along with requisite documents before the Sub Divisional Officer, Giridih- respondent no.5, who, on receipt of the same, shall issue OBC certificate in favour of the petitioner forthwith treating his caste as ‘Bania-Modi’. 7. This writ petition is, accordingly, allowed.