IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 29th DAY OF AUGUST, 2022 BEFORE HON’BLE MR. JUSTICE A.A. SAYED, CHIEF JUSTICE &

HON’BLE MS. JUSTICE JYOTSNA REWAL DUA CIVIL WRIT PETITION No.2771 of 2018 Between:-

1. KAMLESH S/O SHRI MAST RAM

2. GEETA RAM S/O LATE SHRI HARI RAM

3. KAMLESH S/O SHRI LAIQ RAM

4. BELI RAM S/O LATE SHRI RELU RAM

5. VINOD KUMAR S/O SHRI DAULAT RAM

6. RAVINDER S/O SHRI LAIQ RAM

7. NARENDER DUTT S/O SHRI THEBU RAM

8. KAPIL DEV S/O SHRI RAM LAL ALL R/O VILLAGE KHADDAR, PO NAKORA, TEHSIL CHOPAL, DISTRICT SHIMLA, H.P.

…...PETITIONERS (BY MR. SANDEEP K. PANDEY, ADVOCATE)

AND

1. STATE OF HIMACHAL PRADESH THROUGH ITS PRINCIPAL SECRETARY (SOCIAL JUSTICE & EMPOWERMENT) TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2

2. PRINCIPAL SECRETARY (PANCHAYATI RAJ)

TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-2

3. H.P. STATE ELECTION COMMISSIONER, S.D.A. COMPLEX, KASUMPTI, SHIMLA-9

4. HIMACHAL PRADESH STATE COMMISSION FOR BACKWARD CLASSES, S.D.A. COMPLEX, B BLOCK NO.38, KASUMPTI, SHIMLA-9, THROUGH ITS SECRETARY

5. DEPUTY COMMISSIONER, SHIMLA, DISTRICT SHIMLA, H.P.

6. SUB-DIVISIONAL MAGISTRATE, CHOPAL, TEHSIL CHOPAL, DISTRICT SHIMLA, H.P.

…...RESPONDENTS (MS. RITTA GOSWAMI, AD DITIONAL ADVOCATE GENERAL, FOR R-1, R-2, R-5 & R-6, NONE FOR R-3 & R-4)

This petition coming on for admission this day, Hon’ble Ms. Justice Jyotsna Rewal Dua, passed the following:

O R D E R

The writ petition has been filed for the grant of following substantive reliefs:-

“(i). That the respondents may kindly be directed to implement the report with regard to the inclusion of Bhatt H (Brahmin) in the State list of OBC category, within time bound manner.

(ii). That the respondents may also kindly be directed to correct the revenue record of the petitioners by including the sub-caste of the petitioners (Bhatt) in the revenue record.

(iii). That the respondents may be directed to issue Other Backward Class certificate in favour of the petitioners.

(iv). That the respondents may also kindly be directed to decide the representation dated 28.09.2018 (Annexure P-5) within time bound manner.”

2. Insofar as the first relief is concerned, the stand of respondents No.1 and 2 in their reply is that vide notification dated 09.09.2011 (Annexure R/1), caste Bhat (Br ahman) has already been included in the State List of Other Backward Classes (OBC). Thus, prayer for inclusion of Bhat (Brahman) in the State List of OBC category does not survive as it has already been granted by the State. u

3. As far as the second and third reliefs prayed for by the petitioners are concerned, the stand of respondents No.5 and 6 is that the caste certificates are issued on the basis of revenue record.

hIn the revenue record, more particularly the ‘Shajra Nasab’, the gpetitioners are recorded as ‘Brahman Bhardwaj’, which is not an OBC category. The presumption of truth is attached to the revenue record (Shajra Nasab) under the Indian Evidence Act, 1872. The respondents have also placed on record ‘Shajra Nasab’ of the petitioners for the year 1970-71, wherein the caste of the petitioners is entered as ‘Brahman Bhardwaj’. It has also been submitted that in the Shajra Nasab attached to the Jamabandi for the year 1957-58 also, the caste of the ancestors of the petitioners is reflected as ‘Brahman Bhardwaj’. Petitioners have not disputed these documents and recording of their caste therein as ‘Brahman Bhardwaj’. Admittedly, ‘Brahman Bhardwaj’ is not recognized as belonging to OBC category. In the face of these documents, reliefs No.2 and 3 prayed for by the petitioners cannot be granted by this Court in exercise of writ jurisdiction. f

4. Hence, finding no merit in the instant petition, the same is accordingly dismissed, so also the pending miscellaneous application(s), if any.

However, it goes without saying that it would be open for the petitioners to take recourse to the remedies available to them in law to seek correction in the revenue record.

(A.A. Sayed) Chief Justice (Jyotsna Rewal Dua)

August 29, 2022 J