The main legal point established is the requirement for due process of law and the issuance of show cause notices before altering caste entries in the revenue record.

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 Secretary (Welfare), the situation will remain the same so far original caste of the person is concerned…….

2. In sequel to the judgment of this Court dated 29.6.2001, the Department of Social Justice and Empowerment issued notification dated 9.8.2004. However, in the recent revenue record, the caste of 6500 families in District Sirmour has been changed. It has been changed from ‘Bhat Bhardwaj’, ‘Bhat Kashav’ and ‘Bhat Kajoor’ to ‘Brahmin Bhardwaj’, Brahmin Kashyap’ and ‘Brahmin Sheel’, as per Annexures P-8 to P-15. Once these revenue records were changed, respondents have stopped issuing O.B.C. certificate to the members of these families.

3. Respondent-State in its reply has admitted that O.B.C. certificates were being issued to the people whose caste was recorded as ‘Bhat’ in Bandobasti revenue record, but later on caste of these families were changed and recorded ‘Brahamin’ with different Gotras on the basis of instructions issued by the Assistant Secretary (Revenue) to the Government of Himachal Pradesh vide letter No. 86-76/55 dated 4.7.1955. State has admitted in its reply that as per notification dated 9.8.2004, ‘Bhat’ has been notified as other backward class.

4. Ms. Jyotsna Rewal Dua has brought to the notice of the Court that respondents have not been issued any show cause notice to the members of the petitioner-society before effecting any change in the revenue record. She has also argued that about 29 cases for correction of caste were under process in the Court of District Collector, Sirmour District, but the final decision has not been taken yet.

5. Mr. Vivek Singh Thakur, learned Additional Advocate General has argued that corrections in the revenue record are being made on the basis of letter dated 4.7.1955. He has also contended that the District Collector, Sirmour District makes only recommendations to the Financial Commissioner (Appeals) for taking final decision in the matter.

6. We have heard the learned counsel for the parties and have perused the pleadings carefully.

7. It is not in dispute that the members of the petitioner-society and similarly situate persons were included in the revenue record, i.e. Shajra Nasab Malkan Bandobasti for the year 1985-86 as ‘Bhat’. Shajra Nasab Malkan Bandobasti is integral part of the revenue record, i.e. Jamasbandi. Respondent-State has started issuing certificates to the members of the petitioner-society on the basis of revenue record. However, clarification issued on 6.2.1999 led to filing of CWP No. 905/2000 and other connected petitions. These writ petitions were allowed on 29.6.2001. The operative portion of judgment dated 29.6.2001 has already been reproduced hereinabove. Respondent-State has also issued notification dated 9.8.2004 whereby ‘Bhat’ has been included in the category of O.B.C