Orissa High Court
Ramakanta Nayak vs State Of Odisha And Others on 19 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.17327 of 2020
(Through hybrid mode)
Ramakanta Nayak .... Petitioner
Mr. Susanta Kumar Mishra, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Ms. Suman Patnayak, AGA
Mr. Gautam Mishra, Sr. Advocate
CORAM: JUSTICE ARINDAM SINHA
ORDER
Order 19.12.2022
No.
7. 1. Mr. Mishra, learned advocate appears on behalf of petitioner
and submits, impugned is final order dated 13th November, 2019 made
by the State Level Scrutiny Committee in Fake Caste Certificate
(FCC) Case no.268 of 2010. By it the committee concluded that
petitioner is Pano by caste and Christian by religion, therefore,
covered under SEBC list of Odisha. By impugned order, inter alia
cancellation and confiscation of petitioner's SC caste certificate was
directed. He draws attention to annexure-2 in his client's rejoinder. Is
carries order sheet of the Tahsildar. He refers to orders dated 6th
August, 1982, 25th November, 1982 and 30th November, 1982 relating
to issuance of the caste certificate to his client. He demonstrates from
// 2 //
the orders that there was enquiry made by the Tahsildar, who had
proceeded to Mahagudi and enquired into the matter from Bhidu
Baliarsingh, Kopisa Sunamajhi and others of the village. He also
draws attention, inter alia, to record in order dated 25th November,
1982, where the Tahsildar says that the Christian preacher of the
village also stated that he (petitioner) and his family members are not
Christians and they observe all rites and customs as per Hindu
customs.
2. He relies on judgment of the Supreme Court in Dayaram v.
Sudhir Batham reported in (2012) 1 SCC 333, paragraph-36. Relied
on passage extracted from the paragraph is reproduced below.
"36. xx xx xx If there were to be a legislation governing
or regulating grant of caste certificates, and if caste
certificates are issued after due and proper inquiry, such
caste certificates will not call for verification by the
scrutiny committees. xx xx xx"
He submits, there could not thereafter have been verification by the
State Level Scrutiny Committee on the caste certificate having had
been issued as per regulation by the Odisha Rules of 1980.
3. He draws attention to letter dated 1st October, 2011 from the
Principal, Loyala School to petitioner, contents of which are
reproduced below.
// 3 //
"Thank you for your letter dated 30.9.2011. In the
admission from No.0543 of your son with Admission
No.20/2002, there was no column for religion. However,
in the Admission Register it was mentioned in the religion
column as Christianity, which is a clerical error.
As per your request this will be rectified.
4. Ms. Patnayak, learned advocate, Additional Government
Advocate appears on behalf of State and Mr. G. Mishra, learned senior
advocate appears on behalf of the insurance company, employer of
petitioner. On query from Court they seek adjournment to demonstrate
information brought before the State Level Scrutiny Committee, for it
to have embarked on verification of the caste certificate, pursuant to
directions made by the Supreme Court in Madhuri Patil v. Addl.
Commissioner reported in AIR 1995 SC 94.
5. List on 9th January, 2023..
(Arindam Sinha)
Judge
Sks
