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IN THE HIGH COURT OF ORISSA AT CUTTACK
Arindam Sinha, J.
K.gurunath Rao – Appellant
Versus
Sate of Odisha & Ors. – Respondents
Writ Petition (C) No. 15929 of 2022
Decided On : 14-12-2022
Caste Certificate - Refusal to Issue - Interpretation of Presidential Order
Fact of the Case:
The petitioner's application for a caste certificate was rejected by the Collector based on the contention that his caste 'SETI BALAJI' was not synonymous with the mentioned-caste 'IRIKA' in the Presidential Order.
Finding of the Court:
The court found that the refusal to issue the caste certificate was based on the law declared by the Supreme Court, which stated that caste certificates should only be issued to those belonging to the castes mentioned in the Presidential Order. The court concluded that there was no reason to interfere with the officer's decision.
Issues: The controversy revolved around the refusal to issue a caste certificate to the petitioner based on the interpretation of the law regarding entries in the Constitution (Scheduled Castes) Order, 1950.
Ratio Decidendi: The court's decision was influenced by the interpretation of the law declared by the Supreme Court, which specified that caste certificates should only be issued to individuals belonging to the castes mentioned in the Presidential Order.
Final Decision: The writ petition was found to be without merit and was dismissed by the court.
JUDGMENT
Arindam Sinha, J. - Mr. Padhi, learned advocate appears on behalf of petitioner and submits, impugned is order dated 22nd June, 2021, whereby the Collector rejected his client's application for issuance of caste certificate. He submits, his client's father had obtained caste certificate and hence, impugned order rejecting his client's application requires interference.
2. Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State and submits, by referred to in impugned order, judgment of the Supreme Court in State of Maharashtra v. Milind, reported in AIR 2001 SC 393 declared the law regarding entries in the Constitution (Scheduled Castes) Order, 1950. Petitioner claims to belong to caste 'SETI BALAJI'. His contention is, his caste is synonymous with caste 'IRIKA' mentioned in the Presidential Order.
3. Controversy before this Court is between petitioner and the Administrative Officer regarding refusal to issue caste certificate. The refusal is based on judgment-law declared by the Supreme Court on caste certificate to be issued to only those persons belonging to any of the castes mentioned in the Presidential Order. Hence, caste 'SETI BALAJI' contended to be synonymous to mentioned-caste 'IRIKA' was a contention rejected by the officer. As such, there is no reason to interfere.
4. The writ petition is without merit and stands dismissed.
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