Rectification of caste records establishes a presumption of caste identity, allowing issuance of a caste certificate upon correcting historical misdescriptions.

JUDGMENT :

ARINDAM SINHA, J.

1. Petitioner’s case is that h is grandfather and father were both issued caste certificates stating they belong to ‘Kondadora’ Scheduled Tribe. He has challenged order dated 6^th May, 2023 passed by the Tahsildar, whereby the authority found that he does not belong to the Scheduled Tribe but is of caste ‘Telenga’. The finding was based on the reason reproduced below.

“On going through the Sabik R.O.R (1936 Settlement) under Holding No.18 of Mouza- Jammunda, P.S- Tusura, recorded tenants are Kunja Bihari Dora, Parakhita Dora, S/o Padmanabha Dora, (forefathers of Subham Dora) and the caste has been recorded as Telenga. The original Sabik Khata No. 18 has been corresponding to Hal Khata No.34 and Khata No.23, wherein the caste has also been recorded as Telenga. It reveals from Bhulekh website/ Tahasil record room and District record room.”

2. On earlier occasion State had contended that original entry in Sabik Khata no.18, corresponding to Hal Khata no.34 and Khata no.23 was made on 15^th May, 1935 by the Settlement Officer, Patna State. Petitioner’s grandfather was thereby recorded to belong to caste ‘Telenga’. ‘Dora’ is an honorific title. The grandfather’s certificate is pending verification. Furthermore, the writ petition is not maintainable on available efficacious alternative statutory remedy of appeal.

3. In response, petitioner had drawn attention to order dated 21^st April, 2003 made by the Tahsildar, acting on petition filed by petitioner’s grandfather. There was direction in the order to start a Revenue Misc. case for changing caste to ‘Kondodora’ in place of ‘Telenga’ in respect of holding no.23 in village-Jammunda. Petitioner then demonstrated that present record in respect of the plot bears caste ‘Kondadora’. Further submissions were made by Mr. Mishra, learned advocate appearing on behalf of petitioner, as were recorded in paragraphs 3 and 4 of order dated 31^st July, 2023. The paragraphs are reproduced below.

“3. He submits, his client’s case is not that caste Telenga/Telengana is synonymous as with Kondadora. His client’s case is that he belongs to Scheduled Tribe ‘Kondadora’. His ancestors migrated to places in Western Odisha and in keeping with origin of migration, they were called and came to be known as, inter alia, Telenga. He relies on Note of Clarification on the Ethnic Status of the Dora/Konda Dora of Western Orissa, annexed at pages 37 and 38 in the writ petition. The note carries views of Scheduled Castes Scheduled Tribes Research Training Institute (SCSTRTI). It is extracted and reproduced below.

“Thus as per our study, the people with Dora title i.e., the so called “DORA” people of our study area ie, Bargarh & Bolangir Districts in Western Orissa and in Koraput district in Southern Orissa are found to be “Kondadora” (ST). Regarding the ethnic status of the so called “DORA” of other districts these findings can not be generalized because as clearly indicated above as well as in our accompanying ethnic status report, the nomenclature “Dora” appears to be broad and classificatory because “Dora” is not the name of a particular community but an honorific title commonly used by a number of communities of tribal and non-tribal origin. Among them only those who possess the socio-cultural characteristic of the Kondadora as comparatively analysed in our ethnic status report can only be treated as Kondadora (ST).”

(emphasis supplied)

4. He hands up counter filed by State