Bagri Samajik Sangathan Samiti Seoni MP v. State of Madhya Pradesh
2024-12-12
VISHAL DHAGAT
body2024
DigiLaw.ai
ORDER : VISHAL DHAGAT, J. Petitioner has filed this writ petition under Article 226 of the Constitution of India making a prayer for verification of cast certificate by competent authority taking into account document of pre-Independence era and not to reject the claims of member of petitioner Samiti merely on ground of residence in a particular geographical area. 2. Learned Senior Counsel appearing for the petitioner submitted that instant writ petition is filed by Bagri Samajik Sangathan Samiti Seoni, M.P. through its President raising grievance of the community members that they are being deprived of their caste status. Scheduled Caste certificates are not being issued to members of the community and previously issued Scheduled caste certificates are being doubted and disputed. Due to said reason, many members of community are deprived benefits of polices for Scheduled Caste and benefits of reservation in Government jobs. It is submitted that by Amendment Act of 1976, Bagri caste was included in list of Scheduled Caste. Second amendment Act was introduced in 2007, wherein it has been clarified that members belonging to Rajput community or Thakur sub-caste shall not be included. It is submitted that claims of Bagri community is denied on basis of Caste certificates are being issued to members of Bagri community on geographical basis and their claims are being denied by the blanket order. Learned Senior Counsel appearing for the petitioner relied upon the judgment passed by the Supreme Court in case of Anand Vs. Committee For Scrutiny & Verification of Tribe Claims, which is reported in (2012) 1 SCC 113 . In said case, it has been held by the Apex Court that greater reliance is placed on pre-Independence documents because they furnish higher degree of probative value to the declaration of status of caste as compared to post-Independence documents. Members of petitioner society possess document belonging to pre-Independence era which categorically demonstrate that their forefathers were members of scheduled caste and have to be treated as such. Respondents had failed to pay any heed to direction which has been issued by Supreme Court in number of judgments. It is submitted that non issuance of caste certificates to members of petitioner-samiti is illegal, arbitrary and bad in eyes of law. For last 20 years, members of community are being deprived of benefits and protection granted by Constitution of India to members of Scheduled Caste.
It is submitted that non issuance of caste certificates to members of petitioner-samiti is illegal, arbitrary and bad in eyes of law. For last 20 years, members of community are being deprived of benefits and protection granted by Constitution of India to members of Scheduled Caste. Learned Senior Counsel submitted that direction may be issued to Competent Authority and High Level Scrutiny Committee to consider pre- Independence period documents and possession of members of community for issuance of caste certificates. 3. Govt. Advocate appearing for the State submitted that no interference is called for in this writ petition by High Court. Notification issued by National Commission for Scheduled Caste and Scheduled Tribe dated 8.10.2003 includes Bagri/Bagdi in Scheduled caste excluding Rajput Thakur sub-caste. There are various circulars of State Govt. specifically of 1978, which state that people of Bagri, who claims to be Bagdi in District Seoni are basically Rajput and cannot be said to be scheduled caste. Reliance is placed on circular dated 28.9.1978. In view of caste scrutiny committee in its decision dated 12.3.2003, decided that people of District Seoni are basically Rajput and cannot be Scheduled Caste. People of District Seoni, who are using surname of Bagri/Bagdi or Rajput and Thakur do not belong to Scheduled Caste Community. In view of same, Caste certificate of Scheduled Caste is rightly being denied to such people. 4. Heard learned counsel for the parties and perused the documents which have been filed by the petitioner and respondents/State. 5. Ministry of Law, Justice and Company Affairs had issued Gazette Notification dated 20.9.1976, wherein certain Scheduled Castes and Scheduled Tribes were included and excluded from the schedule list. Said Amendment Act is known as The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. Act envisaged for ascertaining scheduled caste and scheduled tribe population after the last census of 1971. Commission made amendment to Scheduled Caste Order of 1950 in First Scheduled under Section 3. In the said section, part 9 is in relation to State of Madhya Pradesh, where at entry 2 is caste Bagri/Bagdi. General Administration Department, Govt. of M.P., issued a circular no. 49-1967-1, dated 31.1.1978, when by order of Home Department, Amendment Act of 1976 was made effective i.e. from 27.7.1977. As per said notification and circular, Bagri-Bagdi were notified to be scheduled caste in State of Madhya Pradesh. On 25.9.1998, another notification was issued by Govt.
General Administration Department, Govt. of M.P., issued a circular no. 49-1967-1, dated 31.1.1978, when by order of Home Department, Amendment Act of 1976 was made effective i.e. from 27.7.1977. As per said notification and circular, Bagri-Bagdi were notified to be scheduled caste in State of Madhya Pradesh. On 25.9.1998, another notification was issued by Govt. of M.P. in respect of Bagri/Bagdi caste. Survey was carried out by Primitive Caste, Research and Development Institute. After this survey, State Government recalled the order by which Bagdi-Bagri community was not recognized as Scheduled Caste in District Seoni. Further direction was given that memorandum dated 1.8.1996 is to be taken into consideration while issuing caste certificate. State Level Scrutiny Committee constituted by Govt. of M.P. passed another order dated 12.3.2003. As per findings of said Scrutiny Committee, there are 47 scheduled caste groups identified in State of Madhya Pradesh. On formation of State of Madhya Pradesh in a year 1976, persons belonging to Scheduled Caste was specifically recognized in areas of Bhind, Gird, Morena, Shivpuri, Gwalior, Rajgarh, Sajapur, Ujjain, Ratlam, Mandsaur, Vidisha, Indore, Devas, Dhar, Jhabua, Khandwa and Ratlam. With passage of time, Scheduled Caste people migrated to other areas in State of Madhya Pradesh. Due to said change, letter was written by District Magistrate, Satna and Seoni whether to give the benefit of Scheduled Caste to Bagdi-Bagri community, who are residents of Satna and Seoni as said caste persons in the said districts are not suffering from disability of custom of untouchability. Letter was written to Collector by the State Govt. on 25.9.1998 that action be taken taking into account the research work done by the Tribal Research and Development Institute. Meanwhile, Writ Petition No. 4371/2001- Surendra Barmate and others was filed in which guidelines were issued that in Districts Seoni, Satna, Jabalpur, Katni, Vidisha and Guna people of Bagri caste and community may not be issued scheduled caste certificate. In Writ Petiton No. 4797/2001- Sanjay Kumar and others Vs. State of M.P. and others, wherein it was held that Rajput caste of Bagri shall not be given benefit of Scheduled Caste Certificate. Another writ petition bearing no. Writ Petition No. 549/1980, wherein it was held that Bagri caste be given benefit of scheduled caste. After orders in these two writ petitions, another Writ Petition No. 45/2001 filed before the High Court.
Another writ petition bearing no. Writ Petition No. 549/1980, wherein it was held that Bagri caste be given benefit of scheduled caste. After orders in these two writ petitions, another Writ Petition No. 45/2001 filed before the High Court. High Court vide its order dated 3.7.2002 had issued direction that President of India has issued notification wherein Bagri-Bagdi were notified as Scheduled Caste and only Parliament can amend the same and State Government cannot alter the same until any further orders. Bagdi-Bagri community found in Districts be given benefit of scheduled caste for benefits in education and employment. State Government had passed an order dated 25.2.2003, wherein Bagdi-Bagri caste were directed to be included in scheduled caste as per Scheduled Tribe Order, 1950. In the said order, it has also been mentioned that in areas of Mahakoshal (Seoni-Jabalpur), Bundelkhand (Panna) and Vindhya Pradesh (Satna) many people are using caste names Bagri-Badi and getting scheduled caste certificates. In Writ Petition No. 4731/2001, High Court passed an order dated 26.2.1980 and directed the State Govt. to examine Scheduled Caste Order in respect of scheduled caste Bagdi. State Govt. as per directions issued in Writ Petition No. 549/1980, conducted study and research, it was found that people who are using caste names of Bagdi-Bagri community and they are residing in aforesaid areas are actually Rajput and Thakur and they cannot be included in scheduled caste. National Commission for Scheduled Caste and Scheduled Tribe issued a letter to Chief Secretary of Madhya Pradesh dated 8.10.2003, wherein it was informed that Bagdi-Bagri is considered as scheduled caste through out the State of Madhya Pradesh. There is no area restriction in respect of said community and clarification was sought how Govt. order of 14.7.2003 was issued and it was also brought to the notice of State Govt. that any amendment can be done in the list of SC/ST by Parliament under Article 341(2) and 342(2) of the Constitution of India. Govt. was advised to withdraw immediately order dated 4.7.2003. Constitution Scheduled Caste Order Amendment Act 2007 dated 29.8.2007 was published in Gazette of India and in part 9 entry 2 was substituted and it mentions that Bagri-Bagdi excluding Rajput, Thakur sub-caste among Bagri-Bagdi. After publication of said Gazette, Govt. of M.P. has issued a circular No. 152/2007 dated 26.10.2007, wherein Thakur and Rajput castes are excluded from Bagdi community.
Constitution Scheduled Caste Order Amendment Act 2007 dated 29.8.2007 was published in Gazette of India and in part 9 entry 2 was substituted and it mentions that Bagri-Bagdi excluding Rajput, Thakur sub-caste among Bagri-Bagdi. After publication of said Gazette, Govt. of M.P. has issued a circular No. 152/2007 dated 26.10.2007, wherein Thakur and Rajput castes are excluded from Bagdi community. Another circular was issued by Office of Commissioner, Anusuchit Jati Vikas of SC/ST dated 20.11.2007, wherein it was clarified to all Divisional Commissioners, Deputy Divisional Commissioners, Additional Director General, all Collectors and Assistant Commissioners, SC/ST in State of Madhya Pradesh regarding Gazette notification of Govt. of M.P. clarification in gazette notification Govt. of India and direction was issued to comply with it. Other circulars of similar nature was issued in the year 2008, 2011 and 2012 to Collectors and others. Another circular was issued by State Govt. of M.P. dated 6.7.2019. 6. Learned Senior Counsel for the petitioner has also placed orders passed by High Level Scrutiny Committee on record in which one Surendra Singh Baghel was directed to be issued scheduled caste certificate. Similarly other orders of caste Scrutiny Committee are also placed on record by the petitioner to show that various persons residing in different districts have also been granted scheduled caste status. 7. Considering the aforesaid facts and circumstances of the case, it is clear that Bagri-Bagdi community in Madhya Pradesh leaving aside Rajput and Thakur sub-caste belongs to Scheduled Caste category and they are to be given benefits of reservation and other policies of State Govt. in respect of admission in educational institutions and employment. Initial Presidential order of Scheduled Caste includes Bagri-Bagdi community in the list. No specific region or geographical location was described. Later, amended Scheduled Caste Order, 2007 was notified. In said notification also, geographical locations and areas were not indicated where Bagri-Bagdi community lives. Scheduled Caste Amendment Order 2007 lays down that Bagri-Bagdi community belongs to Scheduled Cate except Rajput and Thakur sub-caste. 8. Learned Counsel for the petitioner has only made a request for issuing direction to respondents Authority/High Level Scrutiny Committee to consider documents pre Independence period which are more reliable. 9. High Level Scrutiny Committee is an expert body which has to examine whether caste certificate is to be granted to a person or not. Supreme Court had issued direction in the case of Anand Vs.
9. High Level Scrutiny Committee is an expert body which has to examine whether caste certificate is to be granted to a person or not. Supreme Court had issued direction in the case of Anand Vs. Committee for Scrutiny & Verification of Tribe Claims (supra) that documents of pre independence era may also be considered. In view of same, if a person is in possession of an original genuine documents of pre-Independence era then competent authority shall grant caste certificate and High Level Committee shall consider the same. No general or blanket order be passed by this Court to grant caste certificates to all persons who are using Bagri-Bagdi sub-caste names. By Scheduled Caste Amendment Order, 2007, it has specifically been mentioned that Bagri-Bagdi community except Rajput or Thakur sub caste is having scheduled caste status. In view of same, it is directed that if a person is having original and genuine documents of pre- Independence era then same shall be taken into consideration by the Competent Authority for issuing caste certificate. High Level Scrutiny Committee shall consider the same. Bagdi-Bagri community, who has migrated and residing in other parts of Madhya Pradesh shall also be considered. In Scheduled Caste Order, 1950 and Scheduled Caste Amendment Order 2007, Bagri-Bagdi Community is not restricted to any particular geographical area. Persons of Bagdi-Bagri community except that of Rajput and Thakur sub caste be considered for grant of caste certificate after careful scrutiny of the documents produced by them. 10. Writ Petition is disposed off.