Delhi High Court
Amita Giri vs Lt. Governor & Anr on 7 July, 2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment reserved on: 29th May, 2017
Judgment delivered on: 07th July, 2017
+ W.P.(C) 879/2017
AMITA GIRI ..... Petitioner
versus
LT. GOVERNOR & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Ankur Chibber, Amicus Curiae with petitioner in person.
For the Respondents : Ms. Jyoti Taneja and Mr. Hammad Khan for GNCTD.
Mr. Rajesh Gogna
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGEMENT
SANJEEV SACHDEVA, J
W.P.(C) No.879 /2017
1. The petitioner, seeks a direction to the respondents to issue the
Caste Certificate to the daughter of the petitioner.
2. Petitioner claims to be a member of the Nomadic Tribe
"Gosavi" and is residing in Delhi.
3. The petitioner approached the respondents for issuance of a
Caste Certificate for her daughter Ms. Agamya Khantwal Giri.
Petitioner applied for issuance of a Nomadic Tribe Certificate,
however, the same has not been issued.
4. In support of her application, the petitioner had produced a
Caste Certificate issued by the Deputy Collector, Nagpur in the name
of the daughter of the petitioner confirming that she belongs to the
Gosavi Caste/Tribe, which has been recognized as Nomadic Tribe at
Serial No.1 under Government Resolution No.CBC-1361/M dated
21.11.1961. The petitioner has also produced a certificate in the name
of her husband Agam Sheshgiri Giri issued by the Deputy Collector
Nagpur.
5. The Nomadic Tribe Gosavi has been listed in the category of
Central List of Other Backward Classes at Serial No. 188 for the State
of Maharashtra by virtue of Resolution No. 12011/68/93-BCC(C)
dated 10.09.1993.
6. The petition is opposed by the respondents. The respondents, in
their short-reply, have admitted that the petitioner already has a
Certificate from the District/Division Nagpur confirming that the
petitioner belongs to the Gosavi Caste/Tribe, which is recognized as a
Nomadic Tribe. The said Caste, i.e. Gosavi is listed in the Central List
of Other Backward Classes at Serial No.188 for the State of
Maharashtra.
7. It is contended that the basic criteria for issuance of Schedule
Caste Certificate for Delhi is that the applicant must belong to a Caste,
which has been listed as a Scheduled Caste in the Presidential Order
of 1951 for the Union Territory of Delhi and the family of the
applicant is an original inhabitant resident of Delhi since prior to the
issuance of the Presidential Order.
8. Further, it is contended that eligibility criteria for issuance of
Other Backward Class Certificate for Delhi is that the applicant must
belong to a Caste/Class, which has been listed as OBC and the family
of the applicant has been staying in Delhi since prior to the issuance
of the Notification of 1993. Further, the applicant for an OBC
Certificate must also belong to non-creamy layer of the Society.
9. It is contended that the Caste Gosavi is not listed in the Central
List or State List for Union Territory of Delhi in any category (OBC,
SC & ST). Further, it is contended that there is no separate Nomadic
Tribe category for Delhi. It is thus contended that Caste Certificate
under OBC or Nomadic Tribe category for Delhi cannot be issued.
10. Admittedly, the petitioner belongs to the Tribe Gosavi. The
tribe Gosavi has been recognized as a Nomadic Tribe at Serial No.1
under Government Resolution No.CBC-1361/M dated 21.11.1961.
11. The Nomadic Tribe Gosavi has been listed in the category of
Central List of Other Backward Classes at Serial No. 188 for the State
of Maharashtra by virtue of Resolution No. 12011/68/93-BCC(C)
dated 10.09.1993.
12. For the State of Delhi, the Tribe Gosavi is not notified either in
the category of Caste or Tribe or OBC. There are no Notified
Nomadic Tribes in Delhi.
13. Caste Certificate has been issued by the Deputy Collector,
Nagpur in the name of the daughter of the petitioner as well as her
husband confirming that they belongs to the Gosavi Caste/Tribe,
which has been recognized as Nomadic Tribe at Serial No.1 under
Government Resolution No.CBC-1361/M dated 21.11.1961.
14. The Office of the Divisional Commissioner has issued Office
Order laying down the procedure for issuance of various kinds of
Certificates by the Revenue Department.
15. Office Order dated 26.11.2015 on the subject "Simplified
Procedure for Issuance of Various Kinds of Certificate by Revenue
Department" reads as under:-
"In supersession of all previous orders on the subject-
mentioned above and in pursuance of Cabinet Decision
No.2255 dated 16.11.2015 following simplified
procedure for the issuance of various certificates in
Revenue Department is prescribed for implementation by
all revenue authorities for all applications received from
01st December, 2015 onwards."
**** **** **** ****
3. "OBC Certificate of Other State" can now be on the
basis of OBC Certificate issued to siblings and real
uncles (paternal side only) instead of issuance on the
basis of father's certificate only."
16. The Office Order shows that the simplified procedure has been
issued pursuant to a Cabinet Decision. Further, it lays down that the
"OBC Certificate of Other State" can even be issued based on the
OBC Certificate issued to siblings and real uncles (paternal side only).
17. The Standard Operating Procedure for issuance of SC/ST and
OBC Certificate has been specified as under:-
18. The Standard Operating Procedure specifies that an SC/ST
Certificate can be issued to an applicant in the following categories:
(i) to the applicants whose family has been staying in
Delhi since prior to 1951 where a caste Certificate
has been issued to any of his/her relative from
paternal side (eligible for Delhi SC/ST certificate);
(ii) to an applicant whose family has migrated to Delhi
after 1951 and domiciled here and belongs to a
caste which is notified as SC/ST in the state of
origin as well as in Delhi and where a caste
certificate has already been issued to any of his/her
relative from paternal side (eligible for Delhi
SC/ST certificate);
(iii) to an applicant whose family has migrated to Delhi
after 1951 and settled/domiciled in Delhi and
belongs to a caste which is notified as SC/ST in the
state of origin but not in Delhi and where a caste
certificate has already been to these SC/ST
applicants from original State (eligible for other
State SC/ST certificate)
(iv) to an applicant whose family has been staying in
Delhi since prior to 1951 but no caste certificate
has been issued to any of his/her relatives from
paternal side (eligible for Delhi SC certificate) and
(v) to an applicant whose family has migrated and
settled in Delhi after 1951 and where no caste
certificate has ever been issued to any of his/her
relative from paternal side and belongs to a caste
which is notified in Delhi list as well as the list of
state of origin (eligible for Delhi SC/ST
certificate).
19. The Standard Operating Procedure specifies that an OBC
Certificate can be issued to an applicant in the following categories:
(i) to the applicants whose family has been residing
in Delhi since prior to 1993 and an OBC
Certificate has been issued to brother, sister, father
or any other relative from paternal side (eligible
for Delhi OBC certificate);
(ii) to an applicant whose family has migrated to Delhi
after 1993 and an OBC Certificate has already
been issued to the father of the applicant from the
State of Origin of the applicant's family (eligible
for other state OBC certificate);
(iii) to an applicant whose family has been residing in
Delhi since prior to 1993 but no OBC Certificate
has been issued to any relative from paternal side
(eligible for Delhi OBC certificate) and
(iv) to an applicant to whom the OBC Certificate has
already been issued to the applicant from
Delhi/Other State (eligible for Central OBC
certificate).
20. Though the Tribe Gosavi has been notified as a nomadic Tribe
but the said nomadic tribe has been listed in the category of "Central
List of Other Backward Classes" at Serial No. 188 for the State of
Maharashtra.
21. The daughter of the petitioner belongs to the Nomadic Tribe
Gosavi, which has been notified as an "OBC" in the Central List for
the State of Maharashtra.
22. Caste Certificates have been issued by the Deputy Collector
Nagpur, certifying that the daughter of the petitioner and her husband
belong to the Gosavi Caste/Tribe, which has been recognized as a
Nomadic Tribe.
23. Clearly, the petitioner satisfies the requirement, as stipulated in
the Office Order dated 26.11.2015 for issuance of an "other State
OBC Certificate".
24. The fact that the Gosavi Caste is not notified as a Nomadic
Tribe or as a Scheduled Castes/Scheduled Tribe for the State of Delhi
may disentitle the petitioner for and SC/ST/OBC certificate for the
State of Delhi but as the petitioner satisfies the requirement of the
Office Order dated 26.11.2015, the petitioner is entitled to "other State
OBC Certificate" from the respondents.
25. Reference may also be had to the Notification dated 08.04.1994
issued by Government of India, Ministry of Welfare. The Notification
dated 08.04.1994 reads as under:-
"VERY IMPORTANT CIRCULAR
Govt. of India, Ministry of Welfare
Letter No.12011/11/94-BCC(C) New Delhi dated 8 April 1994
To,
The Chief Secretaries
All State Governments and
UT Administrations.
Subject: Issuing of Other Backward Class Certificates to
migrants from other States/UTs
Sir,
In continuation of the DOPT's letter of 36012/22/93-Estt.
(SCT) dated 15 November, 1993, I am directed to say that
it has been represented to this Department that persons
belonging to OBCs who have migrated from one State to
another for the purpose of employment, education, etc.
experience great difficulty in obtaining caste certificates
from the State from which they have migrated. In order to
remove this difficulty, it has been decided that the
prescribed authority of a State/U.T. Administration in
terms of the DOPT letter No.36012/22/93-Estt.(SCT) dated
15th November, 1993 may issue the OBC Certificate to a
person who has migrated from another State on the
production of a genuine certificate issued to his father by
the prescribed authority of the State of his father's origin
except where the prescribed authority feels that a detailed
enquiry is necessary through the State of origin before the
issue of the Certificate.
2. The Certificate will be issued irrespective of
whether the OBC candidate in question is included in the
list of OBC pertaining to the State/U.T. to which the person
has migrated. The facility does not alter the OBC status of
the person in relation to the one or the other State/U.T. The
OBC person on migration from the State/U.T. of his origin
to another State/U.T. where his caste is not in the OBC list
is entitled to the concessions/benefits admissible to the
OBCs from the State of his origin and Union Government
but not from the State where he has migrated.
3. It is requested that all competent authorities may be
advised to issue the OBC Certificate after satisfying
themselves of the correctness of the Certificate. The Lists of
the Competent Authorities empowered as per DOPT's
circular of 15 November 1993 may be followed strictly. No
other authorities may be allowed to issue the OBC
Certificates.
Yours faithfully,
Sd/...
(M.S. Pandit)
Joint Secretary to the Govt. of India."
26. The Notification dated 08.04.1994 lays down that the
prescribed Authority of a State/Union Territory may issue the OBC
Certificate to a person, who has migrated from another State on
production of a genuine Certificate issued to the father of the
applicant. The Certificate is to be issued irrespective of whether the
OBC candidate in question is included in the List of OBC pertaining
to the State/Union Territory to which the person has migrated. The
facility does not alter the OBC status of a person in relation to one or
the other State/Union Territory.
27. The Office Order dated 26.11.2015 when read in the light of the
Notification dated 08.04.1994 of the Government of India, Ministry of
Welfare clearly establishes that the petitioner is entitled to the
issuance of an "other State OBC Certificate" from the respondents.
28. In view of the above, the Writ Petition is allowed. The
respondents are directed to issue an "other State OBC Certificate" to
the daughter of the petitioner, i.e. Ms Agamya Khantwal Giri daughter
of Shri Agam Sheshgiri Giri. There shall be no order as to costs.
29. I would also like to put on record a word of appreciation for the
able assistance rendered by Mr. Ankur Chibber, learned Amicus
Curiae.
July 07, 2017 SANJEEV SACHDEVA, J
'Sn'
