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2020 Supreme(MP) 1226
IN THE HIGH COURT OF MADHYA PRADESH (JABALPUR BENCH)
Vishal Dhagat, J.
Uma Devi Navaiya - Appellants
Vs.
State of Madhya Pradesh and Ors. - Respondent
Writ Petition No. 23738 of 2018
Decided On : 01-05-2020
For the Appellant :T.P. Choudhary, Advocate
For the Respondents:Rohit Sohgaura, Government Advocate
Entitlement to a caste certificate is limited to the geographical territory of the state for which the caste has been notified as a scheduled caste.
Headnote:
Caste Certificate - State Migration - The court considered the issue of entitlement to a caste certificate when a person migrates from one state to another after marriage and their caste is notified as OBC in both states. The court relied on the interpretation of the legal provisions in Article 341 of the Constitution of India and the judgment in Bir Singh v. Delhi Jal Board to conclude that a person belonging to a scheduled caste in one state cannot be deemed to be a scheduled caste in relation to any other state for the purpose of obtaining benefits of reservation.
Fact of the Case:
The petitioner filed a writ petition seeking to quash the order dismissing his appeal for the grant of a caste certificate and to direct the issuance of a Schedule Caste Certificate.
Finding of the Court:
The court dismissed the writ petition after considering the arguments of both parties and the legal provisions, concluding that the petitioner was not entitled to the benefit of a Schedule Caste Certificate due to the notification of President of a particular caste to be a Schedule Caste for a specific state only.
Issues: Entitlement to Schedule Caste Certificate upon migration between states
Ratio Decidendi: A person belonging to a scheduled caste in one state cannot be deemed to be a scheduled caste in relation to any other state for the purpose of obtaining benefits of reservation.
Final Decision: The writ petition filed by the petitioner is dismissed.
ORDER :
Vishal Dhagat, J.
1. Petitioner has filed the present writ petition being aggrieved by order dated 30.08.2018 passed by Upper Collector Sagar, District Sagar (MP). By the said impugned order, appeal filed by the petitioner against the rejection of his application by S.D.O. for grant of caste certificate has been dismissed.
2. Petitioner has filed the present writ petition claiming relief to quash the order dated 30.08.2018 contained in Annexure P-1 and further to direct the respondent No. 2 i.e. Collector Sagar to issue Schedule Caste Certificate of petitioner.
3. Counsel appearing for petitioner has relied on the Division Bench judgment of this Court passed in case reported in 2012 Vol. 3 MPWN 84, Alka Singh versus State of MP. In the said case, woman belonging to State of U.P. was married in State of Madhya Pradesh. She belongs to OBC category in UP. After she came to Madhya Pradesh, Jat community has also been declared to be in OBC category in Madhya Pradesh. Considering the same she had filed an application for granting her caste certificate of OBC in Madhya Pradesh. Her application was rejected by the competent authorities. This court held that if a lady due to marriage moves from one State to another after her marriage and her caste in both States is notified as OBC then such lady cannot be treated as migrated persons and she is entitled to get caste certificate of OBC category. Relying on aforesaid judgment, petitioner has made a prayer that impugned order contained in Annexure P-1 be quashed and she may be issued caste certificate.
4. Respondents had filed a reply and it is stated by the respondents that case of petitioner is squarely covered by the judgment reported in (2018) 10 SCC 312, Bir Singh versus Delhi Jal Board and others. In this case, the Supreme Court has categorically held that persons belonging to scheduled caste in one State cannot be deemed to be schedule caste in relation to any other State.
5. It is submitted by the counsel appearing for the respondents that position has been settled and State Government has also issued a circular dated 13.01.2014. Petitioner is required to fulfill the conditions mentioned in clause 4 of said circular. As petitioner does not fulfill the special condition, therefore, there is no error in the order passed by the authority and writ petition deserves to be dismissed.
6. Considered the argument of the counsel appearing for the petitioner as well as respondents and also perused the judgment relied upon by the petitioner and also by the respondents.
7. Learned Apex Court in the matter of Bir Singh (supra) has held that State/UT, benefits or concessions allowed to Schedule Caste and Schedule Tribe in matter of employment or education in a particular State or Union Territory is not available to Schedule Caste or Schedule Tribe in another State upon his migration to such State. Person belonging to Schedule Caste or Schedule Tribe in one State cannot be deemed to be Schedule Caste or Schedule Tribe person in State of his migration for purpose of employment or education. Expression in relation to State or Union Territory and for the purpose of Constitution used in Articles 341 and 342 means benefits of reservation stand confined to geographical territory of State or Union Territory, in respect of which list of Schedule Caste and Schedule Tribe has been notified by presidential orders. As per Article 341 of the Constitution of India, the President after consultation with Governor by public notification specifies the Caste, Races or Tribes or parts of groups within Caste, Races or Tribes which shall for the purposes of this constitution be deemed to be Schedule Castes in relation to that State or Union Territory as the case may be. The notification of President or the Governor is made in respect of a particular Caste to be Schedule Caste or Schedule Tribe in a particular geographical area of that State only.
8. Considering the judgment passed by the Apex Court in the matter of Bir
