Subham Kumar Dora vs State Of Odisha And Others
2023 Latest Caselaw 4038 Ori

     IN THE HIGH COURT OF ORISSA AT CUTTACK
                      W.P.(C) No.8962 of 2023
                      (Through Hybrid mode)

Subham Kumar Dora                              ....                      Petitioner

                                    -versus-
State of Odisha and others                     ....              Opposite Parties


Advocates appeared in this case:

For Petitioner                       : Mr. Digambara Mishra, Advocate


For Opposite Parties                 : Mr. A. K. Nanda, AGA


           CORAM: JUSTICE ARINDAM SINHA

 ----------------------------------------------------------------------------------

Date of Hearing and judgment : 21.04.2023

----------------------------------------------------------------------------------

1. Mr. Mishra, learned advocate appears on behalf of petitioner

and submits, his client has urgent requirement for issuance of social

status certificate to him. He belongs to 'Kondadora' Scheduled Tribe.

Prayer in the petition is for direction upon the Tahasildar, to grant the

certificate. On query from Court he submits, the application was

rejected by undated order saying that applicant's father's caste status

is subjudice in the Hon'ble High Court of Orissa. He draws attention

to annexure-8 being order dated 1st December, 2012 passed by a co-

ordinate Bench in WP(C) no.15 of 2008 and submits, this is the writ

// 2 //

petition, referred to as subjudice in impugned order. Text of said

order is reproduced below.

"1. Heard learned counsel for the Parties.

2. The Writ Petition involves, the Petitioner getting difficulty for an order taking out his Caste Certificate in duly constituted proceeding under the provisions of the Orissa Caste Certificate for S.C. & S.T. Rules, 1980 in the continuing as Chairman of the Panchayat Samiti. Undisputedly, the term of the Chairman of the Panchayat Samiti is already over.

3. In the circumstance, this Court finds, the question remains academic and need not be attended at this moment. However, the question involved herein, if raised in future, will be decided in accordance with law."

(emphasis supplied)

He submits, the writ petition stood disposed of by above order. In the

circumstances, there be direction for issuance of the social status

certificate within a time bound period. The National Eligibility

Entrance Test (NEET) Examination is to be held soon and the caste

certificate is required to be submitted by end of this month.

2. Mr. Nanda, learned advocate, Additional Government

Advocate appears on behalf of State. He draws attention to paragraph

4 in the counter, in particular a passage therein, extracted and

reproduced below.

// 3 //

"Since the order dtd.5.4.2021 has not been carried out, the petitioner filed another writ petition vide W.P.(C) No.26447/2021 the same was disposed of by the Hon'ble Court vide order dtd.09.09.2021 giving liberty to the petitioner to file appeal before the Collector, Balangir as the Tahasildar had already passed order. On the basis of the application of the petitioner, one Misc. Certificate Appeal Case No.01/2021 has been instituted before the Collector and District Magistrate, Balangir which is subjudice."

(emphasis supplied)

He submits, no order can be made on this writ petition since petitioner

had filed appeal and it is pending.

3. On perusal of the orders in several writ petitions filed by

petitioner, a sequence of events emerges. Petitioner had applied for

issuance of social status certificate by application dated 10th June,

2020. Complaining that the Tahsildar had not acted upon the

application, he filed WP(C) no.11046 of 2021, which was disposed of

by a co-ordinate Bench on order dated 5th April, 2021, directing the

Tahsildar to take all effective steps to dispose of the case, relating to

supply of caste certificate, in accordance with law.

4. The Tahsildar by aforesaid undated order, rejected the

application saying that applicant's father's caste status is subjudice in

this Court. It has been ascertained from the parties that the 'subjudice'

// 4 //

in the rejection order referred to WP(C) no.15 of 2008. On this

rejection, petitioner again approached this Court by WP(C) no.26447

of 2021. The second writ petition was disposed of by same co-

ordinate Bench on order dated 9th September, 2021, accepting

submission made on behalf of State that the undated rejection order of

the Tahsildar was appealable under section 5 of Odisha Scheduled

Castes, Scheduled Tribes and Backward Classes (Regulation of

issuance and Verification of Caste Certificates) Act, 2012, read with

rule 5 of the 2019 rules. The notification of the Act, erroneously and

thereafter on issuance of corrigendum, was noticed by this Bench in a

still pending writ petition. Be that as it may, there is no doubt that

Odisha Scheduled Castes, Scheduled Tribes and Backward Classes

(Regulation of Issuance and Verification of Caste Certificates) Rules,

2019 has not been notified or have been notified as draft rules.

5. Petitioner preferred appeal. Pursuant thereto, aforesaid

referred to subjudice WP(C) no.15 of 2008 came to be disposed of by

another co-ordinate Bench on said order dated 1st December, 2022,

reproduced above. It appears, that is why petitioner has now come up

with this writ petition, for direction upon the Tahsildar to deal with

his client's application for issuance of social status certificate.

6. By reason of order dated 1st December, 2022, disposing of

WP(C) no.15 of 2008, ground for rejection of petitioner's application

// 5 //

stands removed. In molding the relief it is directed that the appeal

need not be proceeded with and is dismissed as infructuous. Opposite

party no.3 is directed to forthwith deal with petitioner's said

application and either issue the certificate or inform him reasons for

rejection of the application, within two weeks from date. Learned

Additional Government Advocate will forthwith communicate.

Petitioner will serve website copy of this order on said opposite party.

Petitioner is also at liberty to produce the order before the examining

authority, for extension of time to produce the certificate.

7. The writ petition is disposed of.

(Arindam Sinha) Judge Prasant