The main legal point established in the judgment is that the eligibility for caste certificates under the Constitution (Scheduled Castes) Order, 1950 is determined based on the place of residence and ancestral history, as interpreted in relevant case law.

Dipak Misra, J.

1. Regard being had to the similitude of the issue involved in these two writ appeals, they were heard analogously and are decided by this singular order. Be it noted, the order dated 15-5-2009 passed by the learned Single Judge whereby he has dismissed the two writ petitions is under assail in these writ appeals.

2. The facts which were exposited before the learned Single Judge are that the petitioners who are the daughters of one B.L. Khedle being resident of Sehore and 'dhobi' by caste are the members of Scheduled Caste as per Entry 22 of the Constitution (Scheduled Caste) Order, 1950. The petitioner in Writ Petition No. 15108/2007 had obtained a temporary/provisional caste certificate and got admission in College of Agriculture Engineering Jawaharlal Nehru Kendra Vishwa Vidyalaya as a Scheduled Caste candidate. Subsequent to her admission, the College Authority demanded the permanent caste certificate. Being apprehended, she approached this Court in Writ Petition No. 8441/2006 which was disposed of by order dated 30-8-2007 directing the Sub Divisional Officer, Sehore to issue caste certificate permissible under law and an interim protection was granted to the effect that till such decision is taken no adverse action be taken against her. Consequent to the aforesaid order, a Case No. 147/B-l21/2007 was registered and an inquiry was conducted by the Revenue Officer and eventually, by order dated 11-10-2007 the application for grant of certificate was rejected on the foundation that the father of the petitioner is originally resident of District Betul and lived at Sehore since 1961 and hence, though the petitioner was born at Sehore, she cannot treated to belong to a Scheduled Caste.

3. It is worth noting that the petitioner in Writ Petition No. 3229/2004 was denied such certificate when she applied for the same.

4. Questioning the action of the authority whereby he had refused to grant certificate, it was contended before the learned Single Judge that though the father of the petitioners had settled at Sehore in 1961, the grand-mother resided at Sehore in 1940 and thereafter at Betul since 1942 and again came to slay at Sehore permanently since 1961 and hence, they are the ordinary residents of District Sehore. It was canvassed that such being the position, they are entitled to be treated as Scheduled Caste being 'dhobi' covered under Entry 22 of the Constitution (Scheduled Castes) Order, 1950. Reliance was placed on Clause 2 of the Presidential Order, 1950 and the decision rendered in Beniprasad and Anr. v. Narbada Prasad (1997) 9 SCC 631, wherein the Apex Court has affirmed the order passed by this Court in E.P. No. 15/1994.

5. The learned Single Judge posed the question whether the petitioners whose father migrated from District Betul and thereafter settled at Sehore can claim to belong to Scheduled Caste. He referred to the decisions rendered in Ku. Madhuri. Patil and Anr. v. Additional Commissioner, Tribal Department and Anr. AIR 2000 SC 94, State of Maharashtra v. Milind (2001) 1 SCC 4 and Union of India v. Dudh Nath Prasad AIR 2000 SC 525 and eventually expressed the view as follows:

12. In the case at hand admittedly father of the petitioner settled down at Sehore in the year 1961, i.e., much after the issuance of the Constitution (Scheduled Castes) Order, 1950 and if the observations of Their Lordships of the Apex Court in Beniprasad (supra), is taken into consideration, i.e., "those who are born after the Presidential Notification would be rendered ineligible for being considered as belonging to the Scheduled Castes", would, disentitle the petitioner of any of any benefits which enure from Clause (2) of the Presidential Order, 1950, because the expression "thereof resident in the localities" has a nexus with the person actually residing at a place on the date when the Presidential Order, 1950 comes into existence but that is not so in the case at hand. At the time when the Presidential Order, 1950 ca