Ajay Likhar vs The State Of Madhya Pradesh
2021 Latest Caselaw 1406 MP

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                                                           W.P.3338/2010



     THE HIGH COURT OF MADHYA PRADESH, JABALPUR

Writ Petition No.                3338 Of 2010

                                 Ajay Likhar
Parties Name:                          Vs.
                                 The State of M.P. and others
Bench Constituted                Hon'ble Shri Justice Vishal Dhagat
Whether approved for             Yes/No
reporting
Name of Advocates for parties For Petitioner:-         Shri   D.K.    Dixit,
                              learned counsel.

                                 For Respondents/State: Shri S. Yadav,

learned Panel Lawyer.

Law laid down Significant paragraph numbers

(O R D E R) 08/04/2021

Petitioner has filed this writ petition challenging order dated 09.09.2009 passed in Case No.221/09 by respondent No.1. By order dated 09.09.2009, High Power Scrutiny Committee passed order to cancel Scheduled Tribe Certificate of caste Halba issued in favour of petitioner. Thereafter, direction has also been issued to Collector, Superintendent of Police for cancellation of caste certificate issued in favour of petitioner.

2. Counsel appearing for petitioner has challenged the order passed by Scrutiny Committee on the ground that this Court in W.P. No.3311/2004 (Ajay Likhar Vs. State of M.P. and others) passed order on 17.02.2009 and directed Scrutiny Committee to consider the following facts as under:-

"(i)That district Amrawati which was in the erstwhile State of Madhya Pradesh was excluded from the State of Madhya Pradesh and included in the State of Bombay by the State Re-Organization

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Act, 1956 and the father of the petitioner Anand Baliram was a resident of Amrawati District. At the time of issuance of President's notification under the Constitution (Scheduled Tribes) Order 1950 caste Halba was declared as Scheduled Tribe, both in the State of M.P. and State of Bombay (subsequently formed as State of Maharashtra).

(ii) That the father of the petitioner was given status of Scheduled Tribe since 1960 in the State of Madhya Pradesh after disclosing all the facts including the fact that he belongs to Amrawati District of erstwhile Madhya Pradesh.

(iii)That the Committee had not considered the considerations for specifying Halba caste as tribe in the State of Maharashtra and also in the State of Madhya Pradesh. If considerations are same then the Committee ought to have considered whether the petitioner was entitled for the benefit of same caste in Madhya Pradesh or not. All these aspects deserve to be re-considered by the Committee, constituted following the directions of the Apex Court in Kumari Madhu Patil."

3. It is submitted that said directions were not considered by Scrutiny Committee and order was passed without considering said facts. High Level Scrutiny Committee failed to take into consideration that Halba was notified Scheduled Tribe of District Amrawati/of old Madhya Pradesh on issuance of notification dated 09.08.1950. The father of petitioner was resident of Amrawati. In re-organization, Amrawati went to State of Maharashtra. Amrawati became part of Maharashtra for first time on 01.05.1960. Due to re-organization, petitioner father became part of State of Madhya Pradesh and petitioner became resident of Madhya Pradesh for his long stay in Bhopal.

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Bonafide and genuine caste certificate of petitioner was directed to be cancelled by High Level Scrutiny Committee and therefore, impugned orders dated 09.09.2009 and 02.03.2010 may be quashed.

4. Respondents have filed their reply and supported the findings of Scrutiny Committee that father of petitioner belongs to Halba Community and was resident of Amrawati which is now in province of State of Maharashtra and therefore, petitioner is not entitled to get benefit conferred to a Scheduled Tribe in State of Madhya Pradesh. Respondents relied on Government of India notification dated 22.02.1985 which clarify the position as under:-

"It is also clarified that a Scheduled Caste/Tribe person who has migrated from the State of origin to some other State for the purpose of seeking education, employment etc. will be deemed to be a Scheduled Caste/Tribe in the State of his origin and will be entitled to derive benefits from the State of origin and not from the State to which he has migrated."

5. On basis of said notification, it was submitted that identity of person belonging to Scheduled Caste/Scheduled Tribe will attach to place of his origin and that he can derive the benefits of Scheduled Caste/Scheduled Tribe in the State to which his place of origin belongs. Petitioner would avail the benefit of Scheduled Tribe in State of Maharashtra alone and not in State of Madhya Pradesh. Petitioner's father who was in Central Government was entitled to avail the benefit of his caste in State of Madhya Pradesh, but petitioner is in employment of State Government and he is not entitled to benefits of Scheduled Tribe Community because his origin is within the State of Maharashtra. In view of aforesaid submissions, prayer is made for dismissal of writ petition.

6. Counsel appearing for petitioner has relied on judgment report in AIR 2000 SC page 525; Union of India and others Vs. Dudh Nath

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Prasad. In this case, Dudh Nath Prasad was a member of Indian Administrative and Allied Services. He was appointed in reserved vacancy belonging to Nuniya Community (SC) in State of West Bengal. Appellants raised contention that respondent was born in State of Bihar and brought up and educated there. He cannot be treated to be a resident of West Bengal nor his parents to be treated to be ordinarily residing in West Bengal and therefore, the benefit of reservation in favour of Nuniya Community which was Scheduled Caste Community in State of West Bengal alone would not be available to respondent. It was held that parents of respondent were living in Howrah for more than 30 years before examination in question was held, Sub Divisional Officer in the instant case, could legally issue caste certificate and also certified that his parents were ordinarily residing in District Howrah. The mere fact that the respondent, for purposes of education, stayed in the Stale of Bihar and graduated from a college in that state, would not affect the status of his parents who were already living in District Howrah for more than 30 years and consequently could be treated as "ordinarily residing" in District Howrah. Their status would not be affected by the temporary residence of the respondent, for the purpose of his education, in the State of Bihar. Therefore, respondent could obtain a caste certificate from Howrah.

7. Consider the aforesaid analogy of the judgment in case of Dudh Nath Prasad (supra) whether petitioner can get benefit of Scheduled Tribe certificate belonging to Halba tribe. The case of petitioner is distinguishable from that of case of Dudh Nath Prasad. In case of Dudh Nath Prasad, he had obtained his Scheduled Caste Certificate from West Bengal itself as his parents were residing for last 30 years in Howrah and Nuniya Caste was notified Scheduled Caste in West Bengal, but Dudh Nath Prasad was temporary resident in Bihar, would not affect the status of parents who are ordinary resident of Howrah. Petitioner's father was resident of Amrawati. Petitioner obtained Scheduled Tribe certificate from State of Madhya Pradesh in 1983. Amrawati is in State of Maharashtra, therefore, petitioner ought to have obtained certificate

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from Maharashtra and could get benefit of reservation in State of Maharashtra and not in public services in State of Madhya Pradesh. Father of petitioner came to Madhya Pradesh after 1950. He was employed in corporation run by Central Government. Scheduled Tribe Certificate issued to petitioner dated 13.07.1982 was only for purposes of admission in educational institute, tuition fees and scholarship and not for reservation in services. Petitioner has not filed caste certificate dated 28.02.1993 and also not filed any notification to show that Halwa Community notified as Scheduled Tribe in State of Madhya Pradesh in writ petition.

8. In view of same, writ petition filed by petitioner is dismissed.

(Vishal Dhagat) Judge sp/-

SUNIL Digitally signed by SUNIL KUMAR PATEL DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=GOVERNMENT, postalCode=482001, st=Madhya

KUMAR Pradesh, 2.5.4.20=3ad456309c8cfa67fdf9acdac6 949bbc6ea3342f02b1af1bdaf3424a04c 11d99,

PATEL serialNumber=5011b37a3dd5e32019f5 01f10e878d2f118732491b5f40bdc9923 237d954365b, cn=SUNIL KUMAR PATEL Date: 2021.04.08 18:25:19 +05'30'