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IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA
Jakub Barik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to cancellation of caste certificate. (Para 1 , 2 , 3) |
| 2. arguments on legality of caste certificate cancellation. (Para 4 , 7 , 8 , 12 , 13) |
| 3. impact of conversion on caste status. (Para 5 , 10) |
| 4. validity of witness statements in evidence. (Para 6 , 11) |
| 5. court's discretionary power in judicial review. (Para 9 , 14 , 15) |
| 6. judgment conclusion and order. (Para 16) |
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 or
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.
Caste identity is determined by birth and cannot be altered by marriage; however, renouncing a caste is possible if recognized by the community.
Conversion to Christianity results in the loss of caste status; reconversion requires proof of acceptance by the original community.
Caste claim to Scheduled Caste ‘Mang’ cannot be invalidated by mere ‘Christian’ document entry or witness statements without proof of baptism or actual conversion; pre-constitutional records prevail,....
Religious conversion does not permit an individual to claim caste benefits under law, and statements under Section 161 Cr.P.C. are not considered formal evidence in court.
Conversion from Hinduism to Christianity disqualifies individuals from Scheduled Caste status, impacting eligibility for caste-based benefits.
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
The presence of pre-constitutional documents is critical in validating caste claims, and assumptions based on circumstantial evidence, such as religious symbols, cannot override established documenta....
The validity of caste certificates relies on documentary evidence, and oral rebuttals made significantly later cannot invalidate established records.
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