Entries in revenue records, such as the 'Shajra Nasab', carry a presumption of truth under the Indian Evidence Act, 1872, and cannot be unilaterally altered or ignored in writ jurisdiction to grant OBC certificates if the recorded caste is not an OBC category.

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 (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 (Brahman) 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.

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. In the revenue record, more particularly the ‘Shajra Nasab’, the petitioners 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.

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.