The caste of a person remains unchanged despite migration, and if the State recognizes a particular caste as a Nomadic Tribe, it cannot deny the benefits and concessions available to members of that caste to a person belonging to that caste who has migrated from another state.

Headnote:
CASTE VALIDITY - Bawa Caste - Maharashtra Social Welfare (Verification of Caste Claims) Rules, 1979 - Rule 3 - Caste Verification Report - Caste Certificate - Interpretation of Government Resolution - Caste of Petitioner - Bawa Caste Recognized as Nomadic Tribe - Caste Certificate Issued by Executive Magistrate - Validity - Caste Verification Report Invalidating Caste - Challenge.
Fact of the Case:

Petitioner, a student, was admitted to the College of Engineering at Karhad in the reserved quota of Nomadic Tribes based on his caste certificate showing his caste as Bawa, sub-caste Bairagi. However, the Director of Social Welfare, Pune, invalidated his caste claim, and the Commissioner, Nagpur Division, Nagpur, confirmed the order. The petitioner challenged these orders, arguing that he belongs to the Bawa caste, which is synonymous with Bairagi and recognized as a Nomadic Tribe in Maharashtra.
Finding of the Court:

The court found that the petitioner had sufficiently established by convincing evidence that he belongs to the Bawa caste, which is synonymous with Bairagi, and hence the impugned communications and the order of the Commissioner, Nagpur Division, Nagpur, invalidating his caste were illegal and untenable.
Issues: 1. Whether the petitioner belongs to the Bawa caste, which is synonymous with Bairagi and recognized as a Nomadic Tribe in Maharashtra? 2. Whether the caste verification report invalidating the petitioner's caste was valid?
Ratio Decidendi: 1. The court held that the petitioner had established his caste as Bawa, which is synonymous with Bairagi, and recognized as a Nomadic Tribe in Maharashtra, based on the following evidence: - Caste certificate issued by the Executive Magistrate - Transfer certificates from schools showing his caste as Bawa, sub-caste Bairagi - Affidavit of the petitioner's father stating his caste as Bawa, sub-caste Bairagi - Enquiry report in the matter of caste certificate of the petitioner's cousin, which confirmed that she belonged to the Bawa-Bairagi caste. 2. The court held that the caste verification report invalidating the petitioner's caste was invalid because: - It was based on flimsy and irrelevant considerations. - It ignored the reliable evidence on record. - It failed to recognize the petitioner as a member of the Nomadic Tribe, despite the fact that the Bawa caste is recognized as such in Maharashtra.
Final Decision: The court allowed the petition, quashed and set aside the impugned communications and the order of the Commissioner, Nagpur Division, Nagpur, invalidating the petitioner's caste.

JUDGMENT - G.A. PAUNIKAR, J.:---By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the invalidation reports (Annexures-3, 4 and 6) of the Director, Social Welfare, Pune sent to him through the Dean, Medical College, Nagpur and Principal, College of Engineering, Karhad invalidating his caste and the confirmation of the order of the Director, Social Welfare by the Commissioner, Nagpur Division, Nagpur, in appeal preferred by him against the said order of the Director, Social Welfare, Pune vide said communications.

2. The petitioner is a student. He has been admitted for the studies in the College of Engineering at Karhad. His father Shrichand migrated to India on or about 1-1-1949 along with his family. He first came and settled at Seoni in Madhya Pradesh in the Refugee Camp as per Refugee Card on record and after the stay for about 6 to 8 months at Seoni, he along with his family, shifted to Nagpur and was carrying on business since then. His family consists of himself, his wife Krishna, his brother Keshavadas and his mother, Choithabai. They contended that they belonged to Bawa Caste. Keshavdas was married at Nagpur and he has 6 children. The petitioner was also born at Nagpur and all the children of the family are taking education at Nagpur. Sobha, daughter of Keshavdas was admitted to the Medical College, Nagpur for higher studies in reserved quota of Nomadic Tribes to which she belongs. One Vijaykumar Tikamdas Madnani belonging to Bawa Bairagi caste which is held as synonym with Bairagi was also admitted to Medical College in reserved quota of Nomadic Tribes. A number of students of this caste have undergone education and got concessions available to the Nomadic Tribes. The petitioner after completing his lower education, applied for admission to the Medical College, Nagpur in the reserved category of Nomadic Tribes and submitted his caste certificate bearing No. 36/MLC 81/80-81 dated 21-6-1980. This caste certificate mentioned his caste as Bawa, sub-caste Bairagi, recognised as a Nomadic Tribe as per Government of Maharashtra Resolution No. CBC 1470-10169 J. Bombay 32. The petitioner received a communication bearing No. COL/37/C/D-4/22382, 412/82 dated 8-10-1982 stating that the caste mentioned by him in his application for admission to the Medical College, Nagpur has been declared 'invalid' by the Director of Social Welfare, Pune for the reasons mentioned in the caste verification report sent to the Dean, Medical College, Nagpur which is annexed to the petition as Annexure-3 and the communication is annexed to the petitioner as Annexure-4. The petitioner also received a communication from the Principal, College of Engineering, Karhad bearing No. CEK/TS.ADM/82-83/9419 dated 8-11-1982 to the effect that the Committee appointed by the Government for scrutiny of the applications of the backward classes has found his caste claim 'invalid', and this communication is annexed to the petition as Annexure-6. The petitioner was admitted in the College of Engineering at Karhad in reserved quota of Nomadic Tribes. The petitioner, therefore, filed two appeals against the two communications to the Commissioner, Nagpur, Division, Nagpur. Both these appeals were consolidated as the subject matter was the same and common order was passed by the Commissioner, Nagpur Division. Nagpur on 31-8-1983 dismissible these appeals and confirming the order of the Director, Social Welfare, Pune. The petitioner, has, therefore, filed this petition challenging the said communications, as also the order passed by the Commissioner, Nagpur Division, Nagpur in appeals.

3. The learned Counsel for the petitioner, Shri Akhani urged that both the impunged orders are passed by the respective authorities without application of mind and they are arbitrary and unjust. He submitted that there is absolutely no reason or justification for doubting and invalidating the caste claim of the petitioner as the petitioner b

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