ORDER :

1. The challenge in the present writ petition is to the impugned order Annexure P/1 passed by the respondent No.2 dated 07.09.2019 dispatched to the petitioner on 10.10.2019. Vide the said impugned order the respondent No.2 have cancelled the caste certificate that the petitioner had dated 27.03.1995 and 11.01.2000 issued by the office of the Tehsildar, Rajnandgaon, under the erstwhile State of Madhya Pradesh as it then stood, certifying that the petitioner belonged to the Halba, Scheduled Tribe community.

2. Pursuant to the impugned order dated 07.09.2019, as a consequence the respondent No.3, under whom the petitioner was working, has terminated the services of the petitioner w.e.f. 04.03.2020.

3. Brief facts of the case is that the petitioner was born in Village Khairagarh, District Rajnandgaon on 19.12.1978. She completed her education in District Rajnandgaon itself. Thereafter, she got a caste certificate issued Annexure P/3 dated 27.03.1995 issued by the office of the Naib Tehsildar, Rajnandgaon. Based upon the said caste certificate, the petitioner subsequently got an employment with the State Bank of India, the respondent No.3, vide order dated 30.06.2020.

4. According to the petitioner, her father namely Balasaheb Varodkar was infact a native of Village Sendurjana Ghat, District Amravati which was originally part of C.P. Barar. That on 01.11.1950 under the reorganization of the States, the new State of Madhya Pradesh was carved out and District Amravati fell in the State of Maharashtra. The father of the petitioner also had a caste certificate issued on 17.01.1964 certifying that the father of the petitioner belonged to the Halba community which falls in the Scheduled Tribe category. The said certificate was again issued from the office of the authority authorized by the District Magistrate/Collector, District Amravati. Based upon the said caste certificate that the petitioner’s father had got an employment with the Postal Department under the Government of India and was initially posted in the Bastar District of the erstwhile State of Madhya Pradesh. The order of appointment of the petitioner’s father was of 1965 and on the basis of the said appointment order the petitioner’s father continued to serve in the areas which now stands within the territories of the State of Chhattisgarh all through his career till his retirement. The father of the petitioner settled himself at Khairagarh, District Rajnandgaon where the petitioner was born and brought up and had also undertaken her education.

5. It would be relevant at this juncture to take note of a circular that was issued by the Government of India, Ministry of Home Affairs, dated 18.11.1982, the contents of which, for ready reference is being reproduced hereinunder:

“I am directed to say that it has been represented to this Ministry that persons belonging to Scheduled Caste/Scheduled Tribes, who have migrated from one State to another for the purpose of employment, education etc. experience great difficulty in obtaining caste/tribe certificate from the State from which they have migrated. In order to remove this difficulty, it has been decided in modification of the instructions issued in letter No.BC-12025/2/76-SCT I, dated 22.03.1977and letter No.BC-12025/11/79-SC & BCD I/IV, dated 29.03.1982 that the prescribed authority of a State Government/Union Territory Administration may issue the Scheduled Caste/Tribe Certificate to a person who has migrated from another State, on the production of the genuine certificate issued to his father/mother by the prescribed authority of the State of the father’s/mother’s origin except where the prescribed authority feels that detailed enquiry is necessary through the State of origin before issue of the certificate. The certificate will be issued irrespective of whether the Caste/Tribe in question is scheduled or not in relation to the State/Union Territory to which the person has migrated. This facility does not alter the Schedule