Orissa High Court
Sarthak Kumar vs The Union Of India And Others on 15 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.18589 of 2022
(Through hybrid mode)
Sarthak Kumar .... Petitioner
-versus-
The Union of India and others .... Opposite Parties
Advocates appeared in this case:
For petitioner: Mr. Bhawani Sankar Panigrahi, Advocate
For Union of India: Mr. B. Moharana, Advocate (CGC)
For State: Mr. A.K. Sharma, Addl. Govt. Advocate
CORAM: JUSTICE ARINDAM SINHA
JUDGMENT
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Date of hearing and judgment: 15.03.2023
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1. Mr. Panigrahi, learned advocate appears on behalf of petitioner
and submits, his client belongs to 'Byahut Kalwar' class. It is included
in the backward class 'Kalwar'. National Commission for Backward
Classes, Odisha Bench by advice dated 11th June, 1999 said that
'Kalwar' be included in the Central list of backward classes for Odisha,
as a new entry at serial no.188. The advice included finding that
inclusion of main caste 'Kalwar' will adequately cover all genuine sub-
castes of 'Kalwar' and 'Byahut Kalwar' is a sub caste in 'Kalwar'.
Hence, his client has prayed for direction upon the State for issuing,
// 2 //
through appropriate department, necessary clarification/instruction
clarifying that 'Byahut Kalwar' is a sub-caste of main caste 'Kalwar'
appearing at entry no.188 of the Central list of Other Backward Classes
(OBC) for Odisha.
2. Mr. Moharana, learned advocate, Central Government Counsel
appears on behalf of Union of India. On query from Court he submits,
counter has been filed.
3. Mr. Sharma, learned advocate, Additional Government
Advocate appears on behalf of State. He submits, State to has also filed
counter.
4. It appears from paragraph-9 of the counter filed by Union of
India that petitioner need have no apprehension regarding him belonging
to an other backward class. Union of India has stated clearly that
petitioner can apply to concerned authority for issuing OBC caste
certificate in his name, indicating his caste as 'Kalwar'. Paragraph 9 is
reproduced below.
"9. That in view of the above advice given by the NCBC
only the caste/community "KALWAR" is included in the
Central List of OBCs for the State of Orissa. Thus it
would be possible for the authorities to issue OBC
certificates to the applicants indicating the caste as
"KALWAR" and not "Byahut Kalwar". Since, the
petitioner claims to belong to the community "Byahut
Kalwar", which is a sub-caste of "Kalwar", he can
apply to the concerned authorities for issuing of the
OBC caste certificate in his name, indicating his caste
as "KALWAR", along with all the supporting
documents. In case all the supporting documents are
submitted to the concerned State Government authorities,
// 3 //
they will have to issue the OBC certificate to him
indicating his caste as "KALWAR."
(emphasis supplied)
5. Mr. Sharma submits, State's contention is that the Ministry of
Social Justice and Empowerment has not published any notification upto
as on date, which includes 'Byahut Kalwar' in the Central list of OBC
for the State of Odisha. Relevant passage in paragraph-7 of the counter
is extracted and reproduced below.
"It is further humbly submitted that the Ministry of Social
Justice and Empowerment has not published any
Notification as on date, which includes "BYAHUT
KALWAR" in the Central list of OBC for the State of
Odisha."
Hence, stand has been taken in the counter that State Government has no
role in the process of inclusion/exclusion of the caste/community in the
central list of OBC for the State of Odisha.
6. Petitioner has not moved Court for inclusion of 'Byahut
Kalwar' in the Central list. As aforesaid, he has asked for clarification
that he belonging to sub-caste 'Byahut Kalwar' is included in main caste
'Kalwar', at serial no.188 in the Central list. In the advice given by the
National Commission that was what was said. The advice paragraph is
extracted and reproduced below.
"IV. Advice of the Commission
20. The Commission considered and agreed in full
with the findings of the Bench for Orissa and decided to
tender the following advice to the Central Government
under Section 9(1) of the NCBC Act, 1993 for action by
the Central Government under Section 9(2) of the Act:-
// 4 //
Kalwar be included in the Central List of
Backward Classes for Orissa as a new entry at Sl. No.188
as under:-
"188, Kalwar"
and the request for inclusion of 'Jaiswal', Byahut Kalwar
and Byahut Bania as synonyms of Kalwar be rejected. As
'Jaiswal' is inly a title/Surname adopted by the members
of Kalwar caste and many other castes/communities, its
inclusion will give scope for misuse of the entry by some
members of certain forward castes/communities for
obtaining false caste certificates. Byahut Kalwar is a
sub-caste of Kalwar and inclusion of the main caste
'Kalwar' will adequately cover all genuine sub-castes of
Kalwar. Byahut Bania is not a sub-caste/synonym of
Kalwar but a sub-caste of Baniya caste and socially not
Backward."
(emphasis supplied)
7. In view of aforesaid, contention of State as appearing in the
counter filed makes it necessary that there be clarification issued.
Opposite party no.2 is directed to issue clarification by circular, clearly
stating that sub-caste 'Byahut Kalwar' is included in main caste
'Kalwar' appearing at serial no.188 in the Central list of backward
classes for Odisha. The circular is to be issued and notified within four
weeks of communication.
8. The writ petition is disposed of.
(Arindam Sinha)
Judge
Sks
