Sunil Kumar Bhue vs State Of Odisha & Others
2023 Latest Caselaw 13685 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   W.P.(C) No.15155 of 2012

            Sunil Kumar Bhue                           ....                Petitioner

                                                        Mr. G.P. Dutta, Advocate

                                           -Versus-

            State of Odisha & others                   ....         Opposite Parties

                                                              Mr. P.K. Rout, AGA

                       CORAM:
                       MR. JUSTICE R.K. PATTANAIK

                                           ORDER

06.11.2023 Order No.

05. 1. Heard Mr. Dutta, learned counsel for the petitioner and Mr. Rout, learned AGA for the State opposite parties.

2. Instant writ petition is filed by the petitioner challenging the impugned decision under Annexure-5 on the grounds stated therein.

3. Mr. Dutta, learned counsel for the petitioner submits that the petitioner was adopted by a Schedule Caste (SC) family at the age of 5-6 years and as per the circular of Government of India in the year 1975, referring Clause-5 of the same, he is to considered so and issued with a certificate of SC.

4. In reply and response to the above, Mr. Rout, learned counsel for the State submits that the petitioner after adoption claims himself to be a Schedule Tribe which is impermissible in terms of the Apex Court judgment in Mrs. Valsamma Paul Vs. Cochin University and others reported in AIR 1996 SC 1011.

5. Mr. Dutta, learned counsel for the petitioner prays for an adjournment to go through the judgment of the Apex Court (supra)

and also to apprise to the Court as to if the circular of Government of India does apply for a Schedule Tribe.

6. On such request of Mr. Dutta, learned counsel for the petitioner, hearing of the matter is adjourned to 24th November, 2023 for final orders.

7. Interim order passed by this Court earlier shall remain in force till the next date.

(R.K. Pattanaik) Balaram Judge

Signature Not Verified Digitally Signed Signed by: BALARAM BEHERA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-Nov-2023 19:21:59