Pre-Independence documents are crucial for establishing caste status, as upheld by the Supreme Court, and should be considered by competent authorities for issuing caste certificates.

ORDER :

VISHAL DHAGAT, J.

Petitioner has filed this writ petition under Article 226 of the Constitution of India making a prayer for verification of cast certificate by competent authority taking into account document of pre-Independence era and not to reject the claims of member of petitioner Samiti merely on ground of residence in a particular geographical area.

2. Learned Senior Counsel appearing for the petitioner submitted that instant writ petition is filed by Bagri Samajik Sangathan Samiti Seoni, M.P. through its President raising grievance of the community members that they are being deprived of their caste status. Scheduled Caste certificates are not being issued to members of the community and previously issued Scheduled caste certificates are being doubted and disputed. Due to said reason, many members of community are deprived benefits of polices for Scheduled Caste and benefits of reservation in Government jobs. It is submitted that by Amendment Act of 1976, Bagri caste was included in list of Scheduled Caste. Second amendment Act was introduced in 2007, wherein it has been clarified that members belonging to Rajput community or Thakur sub-caste shall not be included. It is submitted that claims of Bagri community is denied on basis of Caste certificates are being issued to members of Bagri community on geographical basis and their claims are being denied by the blanket order. Learned Senior Counsel appearing for the petitioner relied upon the judgment passed by the Supreme Court in case of Anand Vs. Committee For Scrutiny & Verification of Tribe Claims, which is reported in (2012) 1 SCC 113 . In said case, it has been held by the Apex Court that greater reliance is placed on pre-Independence documents because they furnish higher degree of probative value to the declaration of status of caste as compared to post-Independence documents. Members of petitioner society possess document belonging to pre-Independence era which categorically demonstrate that their forefathers were members of scheduled caste and have to be treated as such. Respondents had failed to pay any heed to direction which has been issued by Supreme Court in number of judgments. It is submitted that non issuance of caste certificates to members of petitioner-samiti is illegal, arbitrary and bad in eyes of law. For last 20 years, members of community are being deprived of benefits and protection granted by Constitution of India to members of Scheduled Caste. Learned Senior Counsel submitted that direction may be issued to Competent Authority and High Level Scrutiny Committee to consider pre- Independence period documents and possession of members of community for issuance of caste certificates.

3. Govt. Advocate appearing for the State submitted that no interference is called for in this writ petition by High Court. Notification issued by National Commission for Scheduled Caste and Scheduled Tribe dated 8.10.2003 includes Bagri/Bagdi in Scheduled caste excluding Rajput Thakur sub-caste. There are various circulars of State Govt. specifically of 1978, which state that people of Bagri, who claims to be Bagdi in District Seoni are basically Rajput and cannot be said to be scheduled caste. Reliance is placed on circular dated 28.9.1978. In view of caste scrutiny committee in its decision dated 12.3.2003, decided that people of District Seoni are basically Rajput and cannot be Scheduled Caste. People of District Seoni, who are using surname of Bagri/Bagdi or Rajput and Thakur do not belong to Scheduled Caste Community. In view of same, Caste certificate of Scheduled Caste is rightly being denied to such people.

4. Heard learned counsel for the parties and perused the documents which hav