Jasobanta Gingira vs Union Of India And Others
2022 Latest Caselaw 6457 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                WP(C) No.19337 of 2022
                                (Through Hybrid mode)

            Jasobanta Gingira                         ....                  Petitioner
                                                           Mr. A. K. Nayak, Advocate

                                           -versus-
            Union of India and others                 ....            Opposite Parties
                                                              Mr. A. K. Nanda, AGA

                                                                Mr. P. K. Parhi, DSG
                                                                 Ms. J. Sahoo, CGC

                     CORAM: JUSTICE ARINDAM SINHA
                                    ORDER

Order No.                          10.11.2022

   02.       1.    Mr. Nayak, learned advocate appears on behalf of petitioner

and submits, his client challenges order dated 3rd March, 2020

rejecting his client's application for issuance of caste certificate,

when others bearing surname 'Gingira' were issued certificates as

belonging to caste 'Keuta'.

2. Mr. Parhi, learned advocate, Deputy Solicitor General along

with Ms. Sahoo, learned advocate, Central Government Counsel

appears on behalf of Union of India.

3. Mr. Nanda, learned advocate, Additional Government

Advocate appears on behalf of State and relies on judgment of the

Supreme Court in State of Maharashtra v. Milind and others,

// 2 //

reported in (2001) 1 SCC 4 to submit, it has been held in paragraphs

15, 28 and 36 (1) that Courts cannot and should not expand

jurisdiction to deal with the question as to whether a particular caste,

sub-caste a group or part of tribe or sub-tribe is included in one of

the entries mentioned in the Presidential Orders issued under articles

341 and 342 in the Constitution.

4. On query from Court regarding mention in impugned order

that Tahasildar, Sohela has rejected petitioner's application on

ground that caste of petitioner is 'Gingira' as reflected in M.S. Khata

no.9 of Mouza-Kuchipali, recorded in the name of his father and

others, Mr. Nayak prays for adjournment.

5. List on 24th November, 2022.

(Arindam Sinha) Judge Prasant