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2017 Supreme(Del) 2074
IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV SACHDEVA, J.
Amita Giri - Petitioner
Versus
Lt. Governor and Another - Respondents
W.P. (C) No. 879 of 2017
Decided On : 07-07-2017
For the Petitioner: Mr. Ankur Chibber.
For the Respondents: Ms. Jyoti Taneja, Mr. Hammad Khan and Mr. Rajesh Gogna.
The judgment establishes the entitlement of individuals belonging to recognized tribes in one state to obtain an 'Other State OBC Certificate' when migrating to another state, as per the Notification dated 08.04.1994.
Headnote:
Caste Certificate - Nomadic Tribe - Central List of Other Backward Classes at Serial No. 188 for the State of Maharashtra - The petitioner sought a direction to issue a Caste Certificate to her daughter, belonging to the Nomadic Tribe 'Gosavi.' The court discussed the recognition of the Gosavi Tribe as a Nomadic Tribe in the Central List of Other Backward Classes for Maharashtra and the eligibility criteria for issuance of Caste Certificates in Delhi. The court relied on the Office Order dated 26.11.2015 and the Notification dated 08.04.1994 to establish the petitioner's entitlement to an 'Other State OBC Certificate' from the respondents.
Fact of the Case:
The petitioner sought a direction to issue a Caste Certificate to her daughter, who belongs to the Nomadic Tribe 'Gosavi.' The respondents contended that the Caste Gosavi is not listed in the Central List or State List for Union Territory of Delhi in any category (OBC, SC & ST).
Finding of the Court:
The court found that the petitioner is entitled to an 'Other State OBC Certificate' from the respondents based on the Office Order dated 26.11.2015 and the Notification dated 08.04.1994.
Issues: The main issue was the eligibility of the petitioner's daughter for a Caste Certificate in Delhi as a member of the Nomadic Tribe 'Gosavi,' which is recognized as an OBC in the Central List for the State of Maharashtra.
Ratio Decidendi: The court relied on the Office Order dated 26.11.2015 and the Notification dated 08.04.1994 to establish the petitioner's entitlement to an 'Other State OBC Certificate' from the respondents.
Final Decision: The Writ Petition was allowed, and the respondents were directed to issue an 'Other State OBC Certificate' to the petitioner's daughter.
SANJEEV SACHDEVA, J.
W.P. (C) No. 879 /2017
1. The petitioner, seeks a direction to the respondents to issue the Caste Certificate to the daughter of the petitioner.
2. Petitioner claims to be a member of the Nomadic Tribe "Gosavi" and is residing in Delhi.
3. The petitioner approached the respondents for issuance of a Caste Certificate for her daughter Ms. Agamya Khantwal Giri. Petitioner applied for issuance of a Nomadic Tribe Certificate, however, the same has not been issued.
4. In support of her application, the petitioner had produced a Caste Certificate issued by the Deputy Collector, Nagpur in the name of the daughter of the petitioner confirming that she belongs to the Gosavi Caste/Tribe, which has been recognized as Nomadic Tribe at Serial No. 1 under Government Resolution No. CBC-1361/M dated 21.11.1961. The petitioner has also produced a certificate in the name of her husband Agam Sheshgiri Giri issued by the Deputy Collector Nagpur.
5. The Nomadic Tribe Gosavi has been listed in the category of Central List of Other Backward Classes at Serial No. 188 for the State of Maharashtra by virtue of Resolution No. 12011/68/93-BCC(C) dated 10.09.1993.
6. The petition is opposed by the respondents. The respondents, in their short-reply, have admitted that the petitioner already has a Certificate from the District/Division Nagpur confirming that the petitioner belongs to the Gosavi Caste/Tribe, which is recognized as a Nomadic Tribe. The said Caste, i.e. Gosavi is listed in the Central List of Other Backward Classes at Serial No. 188 for the State of Maharashtra.
7. It is contended that the basic criteria for issuance of Schedule Caste Certificate for Delhi is that the applicant must belong to a Caste, which has been listed as a Scheduled Caste in the Presidential Order of 1951 for the Union Territory of Delhi and the family of the applicant is an original inhabitant resident of Delhi since prior to the issuance of the Presidential Order.
8. Further, it is contended that eligibility criteria for issuance of Other Backward Class Certificate for Delhi is that the applicant must belong to a Caste/Class, which has been listed as OBC and the family of the applicant has been staying in Delhi since prior to the issuance of the Notification of 1993. Further, the applicant for an OBC Certificate must also belong to non-creamy layer of the Society.
9. It is contended that the Caste Gosavi is not listed in the Central List or State List for Union Territory of Delhi in any category (OBC, SC & ST). Further, it is contended that there is no separate Nomadic Tribe category for Delhi. It is thus contended that Caste Certificate under OBC or Nomadic Tribe category for Delhi cannot be issued.
10. Admittedly, the petitioner belongs to the Tribe Gosavi. The tribe Gosavi has been recognized as a Nomadic Tribe at Serial No.1 under Government Resolution No. CBC-1361/M dated 21.11.1961.
11. The Nomadic Tribe Gosavi has been listed in the category of Central List of Other Backward Classes at Serial No. 188 for the State of Maharashtra by virtue of Resolution No. 12011/68/93-BCC(C) dated 10.09.1993.
12. For the State of Delhi, the Tribe Gosavi is not notified either in the category of Caste or Tribe or OBC. There are no Notified Nomadic Tribes in Delhi.
13. Caste Certificate has been issued by the Deputy Collector, Nagpur in the name of the daughter of the petitioner as well as her husband confirming that they belongs to the Gosavi Caste/Tribe, which has been recognized as Nomadic Tribe at Serial No. 1 under Government Resolution No. CBC-1361/M dated 21.11.1961.
14. The Office of the Divisional Commissioner has issued Office Order laying down the procedure for issuance of various kinds of Certificates by the Revenue Department.
15. Office Order dated 26.11.2015 on the subject “Simplified Procedure for Issuance of Various Kinds of Certificate by Revenue
