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PRANAY VERMA
Ramnivas – Appellant
Versus
M. P. Shasan Through Collector – Respondent
ORDER
1. The petitioners before this Court have filed present petition being aggrieved by order dated 14.3.2024 (Annexure - P/1) by which the Sub Divisional Officer, Neemuch, District Neemuch, respondent No.2 has refused to issue Caste Certificate in favour of the petitioners by treating them to be belonging to Scheduled Tribe.
2. The petitioners are undoubtedly a member of 'Mogia' caste and 'Mogia' caste has been included in Scheduled Tribe Category at Entry No.16 in the Presidential Notification issued by the State of Madhya Pradesh under the provisions of Constitution (Scheduled Tribes) Order, 1950. The respondents in fact are treating the petitioners as a member belonging to Scheduled Caste.
3. Shri Jhala has drawn the attention of this Court towards a judgment delivered in the case of State of M.P. & Others v. Dule Singh Solanki & Others reported in 2014(1) MPHT 331 (DB). In the aforesaid case, there was a similar controversy involved and the persons belonging to 'Mogia' caste were not being treated as Scheduled Tribe. The Division Bench of this Court in the aforesaid case in paragraphs No.3 to 9 has held as under:-
"3. Sole respondent Dule Singh Solanki claiming himself to be a
A caste certificate may be issued based on existing certificates of family members, irrespective of discrepancies in revenue records, recognizing the Mogia caste as a Scheduled Tribe.
No addition or modification in the Presidential Order is permissible.
The court emphasized the importance of objective analysis and compliance with legal provisions and precedents in determining the validity of Scheduled Tribe claims.
The main legal point established in the judgment is the significance of pre-constitutional documents in establishing the genuineness of caste claims, the removal of area restrictions for Scheduled Tr....
Caste claims must be evaluated with pre-constitutional documents holding greater evidential value, and reliance on affinity tests, which do not definitively establish caste ties, is insufficient for ....
The main legal point established in the judgment is that a person migrating from one state to another does not carry their caste status to the migrating state, even if the same caste is recognized as....
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