Caste status under the Scheduled Caste Order is conferred by birth in Hinduism; conversion to another religion negates this status, affecting claims to caste benefits.

JUDGMENT :

ARINDAM SINHA, J.

1. Petitioner having suffered final order dated 26th November, 2013 cancelling his caste certificate, has challenged it.

2. Mr. Mohapatra, learned advocate had moved the writ petition before this Bench on 20th February, 2023. He submitted, his client while practising Hindu religion obtained caste certificate in year, 1987. He, thereafter, converted to Christianity in year, 1994. By impugned final order dated 26th November, 2013, there was finding that his client was Christian and not ‘Ganda’ under Scheduled Caste category, as claimed by him because, as established by law, caste status or more particularly the status of Scheduled Tribe/Scheduled Caste is acquired by birth only.

3. Mr. Mohapatra had demonstrated from the witness statements relied upon in impugned final order, all witness statements purporting to allege that his client was Christian, at the time he applied for and obtained the caste certificate or that he was born Christian, are un-signed statements. His client’s wife, father-in-law and mother-in-law also gave statements and those were signed. In their statements they did not say his client was born Christian. He also referred to certified copy of extract from the RoR bearing dates 27th July, 1976 and 1st April, 1977, in respect of holding no.62 in mouza-Jhinkermal to submit that there is record of his client’s father, against the holding, as belonging to caste ‘Ganda’. Drawing attention to his client’s high school certificate he demonstrated that his client was born on 15th September, 1966 and, therefore, cannot be said to be born Christian.

4. Ms. Pattanayak, learned advocate, Additional Government Advocate appeared on behalf of State. Mr. Parhi, learned advocate, Deputy Solicitor General along with Mr. Nayak, learned advocate, Central Government Counsel appeared on behalf of Union of India. Pleadings were completed, including additional affidavit filed by the Tahsildar and rejoinder thereto.

5. At further hearing Mr. Mohapatra submitted, cause of his client is regarding his caste certificate being declared fake, allegedly on him having fraudulently applied for and obtained it. He reiterated, his client converted to Christianity in year, 1994 and pursuant thereto he may have ceased to belong to scheduled caste ‘Ganda’ in the Hindu community but, cancellation of his client’s caste certificate on finding of fraud is attended with consequences terrible for him.

6. He drew attention to impugned final order saying, inter alia, it is revealed from report of the I.O. and submission of his client before the Committee, his client is natural born son of late Rajendra Barik, who was born Christian. This is not a fact. His father had his name recorded in the RoR having caste ‘Ganda’. The record does not show religion of his client’s father to be Christian. There was conversion later and he reiterated, his client converted to Christianity in year 1994, after the caste certificate had been obtained by him in year 1987.

7. Ms. Pattanayak, relied on impugned final order. She submitted, there is no doubt that petitioner is Christian. Alleged later conversion is a story concocted, to avoid consequences of having wrongfully obtained the caste certificate and thereupon reservation in getting employment. There should be no interference.

8. Mr. Nayak relied on judgment of the Supreme Court in S. Swvigaradoss v. Zonal Manager, FCI , (1996) 3 SCC 100 for declaration of law that Christian is not scheduled caste under the notification issued by the President.

9. Perused Constitution (Scheduled Castes) Order, 1950. It was notified