Caste certificate issuance must adhere to verification requirements reflecting historical residency and ancestry, as established in relevant laws, necessitating careful examination of applicants' backgrounds.

JUDGMENT :

1. This matter is taken up through hybrid mode.

2. Perused the kind minutes of the Hon’ble the Chief Justice at Flag-‘Z’ assigning the matter to be heard by a Division Bench presided over by Sri K. R. Mohapatra, J. Accordingly, the matter is listed before this Bench.

3. This intra-Court Appeal is filed assailing the order dated 3^rd August, 2023 in W.P.(C). No.16069 of 2023, wherein, the Writ Court directed to issue caste certificate in favour of the Respondent forthwith unless the application is rejected on some cogent reasons other than those mentioned in the order impugned in the writ petition and pendency of verification of caste certificate of the writ Petitioner’s grandfather or any other relative.

4. Mr. Mishra, learned Additional Standing Counsel submits that Rule 4 of the Orissa Caste Certificate (for Scheduled Castes and Scheduled Tribes) Rules, 1980 (for short, ‘Rules’) clearly provides as under:-

“4. Verification of caste – Where a person claims to belong to Scheduled Caste or Scheduled Tribe it should be verified-

(1) That the person and his parents actually belong to the community claimed.

(2) That the community is included in the Presidential Order specifying the Scheduled Castes and Scheduled Tribes in relation to the State of Orissa.

(3) That the person belongs to the State of Orissa and to the area in respect of which the community has been scheduled.

(4) If a person claims to be a Scheduled Caste, he should profess either the Hindu or Sikh religion.

(5) If a person claims to be a Scheduled Tribe, he may profess any religion.”

Thus, while issuing the caste certificate, the competent authority under the Rules shall verify that the person and his parents actually belong to the community claimed. Secondly, the community is included in the Presidential Order, 1950 specifying the Scheduled Castes and Scheduled Tribes in relation to the State of Odisha. Thirdly, the person belongs to the State of Odisha and the area in respect of which the community has been scheduled and fourthly, if a person claims to be a Scheduled Tribe, he may profess any religion.

5. In the instant case, the core question that arises for consideration is whether the caste certificate granted in favour of the father and grandfather of the Respondent can be ignored for issuance of a caste certificate, as claimed by him.

6. Elaborating his submission, Mr. Mishra, learned ASC submits that earlier father of the Respondent was issued with a caste certificate stating that he belongs of ‘Kondadora’ by caste, which is a Scheduled Tribe under the Constitution (Scheduled Tribe) Order, 1950 (for brevity ‘Presidential Order’).

7. On an application made by one Netrananda Bhoi, Revenue Misc. Case No.310 of 2002 was initiated on the file Tahasildar, Tusura and the caste certificate issued in favour of the father of the Respondent was cancelled. The revenue records describe the caste of the father and grandfather of the Respondent to be ‘Telenga’.

8. He submitted that the Respondent had admitted before the competent authority namely Tahasildar, Tusura that his forefathers had migrated from ‘Telangana’. Thus, the clarification issued by the Government of India in the Ministry of Social Justice and Empowerment, Department of Social Justice and Empowerment on 22^nd February, 2018 under Annexure-5 is squarely applicable to the case of the Respondent. Clarification is issued therein with regard to issuance of caste certificate to the migrants.

9. The relevant paragraph of the said clarification under Annexure-5