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2012 Supreme(HP) 407

DEEPAK GUPTA, RAJIV SHARMA
Transgiri Anay Pichhra Varg Kalyan Samiti – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Ms. Jyotsna Rewal Dua, Advocate.
For the Respondents: Mr. Vivek Singh Thakur, Addl. A.G.

Judgment

Rajiv Sharma, J.

Petitioner No. 1 is a society registered under the Societies Registration Act, 2006 on 28.2.2009 with its office at village Kafota, Post Office Shilla, Tehsil Paonta Sahib, District Sirmour. More than 6500 families in District Sirmour were recorded as belonging to ‘Bhat’ with different Gotras, as per revenue record, i.e. Shajra Nasab Malkan Bandobasti for the year 1985-86. The Additional Secretary (Welfare) to the Government of Himachal Pradesh vide letter dated 6.2.1999 issued clarification that ‘Bhat Brahmin’, ‘Bhat Brahmin Bhardwaj’, ‘Bhat Brahmin Sehal’ could not be issued O.B.C. certificate. The clarification led to filing of CWP Nos. 905 of 2000, 663 of 2000 and 16 of 2001 challenging the notification dated 6.2.1999. These petitions were allowed by this Court on 29.6.2001. Operative portion of the judgment dated 29.6.2001 reads thus:

“….On consideration of the entire material on record, the logical conclusion which can be drawn is that the subsequent appendage to the main caste cannot alter the main characteristics of caste ‘Bhat’ and even if further appendage in the form of ‘Gotra’ is added in the impugned letter dated 6.2.1999 by the Additional Sec

















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