Orissa High Court
State Of Odisha And Others vs Subham Kumar Dora on 27 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No. 2054 OF 2023
State of Odisha and others .... Appellants
Mr.Arnab Behera, SC
-versus-
Subham Kumar Dora .... Respondent
Mr. Digambar Mishra, Advocate
CORAM:
THE CHIEF JUSTICE
JUSTICE M.S.SAHOO
ORDER
Order No . 27.09.2023
6. 1. This matter is taken up through hybrid mode.
2. By means of this appeal, the order dated 03.08.2023
passed by the learned Single Judge in WP(C) No.16069 of
2023 has been challenged. According to Mr. Behera,
learned Standing Counsel, learned Single Judge has
directed Tahsildar to declare the petitioner belonging to
'Kondadora' community, which is recognized as Scheduled
Tribe as the petitioner's grandfather was acknowledged as a
member of 'Kondadora' community.
3. The State has filed this appeal against said direction.
4. Mr. Mishra, learned counsel appearing for the sole
respondent has submitted that there is no dispute that the
grandfather of the petitioner was known as a member of
'Kondadora' community. As such, the petitioner is entitled to
be recognized as Scheduled Tribe for admission in the
medical course. It is stated by Mr. Mishra that the
petitioner has secured such a rank in the entrance
examination for admission in the medical courses, if he
produces the status certificate, he will get the admission.
Hence, he has urged that subject to hearing of the appeal,
the writ petitioner may be allowed to take admission in the
Medical College against reserved seats for Scheduled Tribes.
5. Mr. Behera, learned Standing Counsel has contended
that from the Government records, it evinces that the
ancestors of the writ petitioner did not belong to 'Kondadora'
community. They belong to Telenga community. The family
of the writ petitioner migrated from the State of erstwhile
Andhra Pradesh, and as such the petitioner cannot be
treated as Scheduled Tribe.
6. Be that as it may, we admit this appeal to be heard on
merit.
7. Issue notice. Since Mr. Mishra, learned counsel
appears and accepts notice for the sole respondent-the writ
petitioner, no formal notice is called for.
I.A No. 5552 of 2023
8. Mr. Behera, learned Standing Counsel prays for stay
operation of the impugned judgment dated 3.8.2023 passed
in WP(C) No. 16069 of 2023.
9. It has been stated by Mr. Behera, learned Standing
Counsel appearing for the appellants that the impugned
order as passed by the learned Single Judge is not based on
any dependable data or record. On the other hand, Mr.
Mishra, learned counsel appearing for the sole respondent
has submitted that the grandfather of the writ petitioner-the
respondent herein had been shown as a member of the
'Kondadora' tribe in the record of right. Later on, record of
right had been corrected by deleting the tribe name. The
record of right is considered relevant for purpose of
determining the status of a person. Earlier we observed that
the certificate of the father of the respondent-the writ
petitioner was cancelled. Mr. Mishra has submitted today
his challenge against the said order did not succeed as the
learned Single Judge had declined to interfere that the
father of the respondent has filed a writ appeal against the
order of the learned Single Judge by which the order of
cancellation was not interfered. The said writ appeal being
W.A. No. 2257 of 2023 is pending for consideration. The
said appeal be listed along with the present appeal on
6.10.2023 for consideration. Till then one medical seat
earmarked for ST category shall not be filled up, but the
competent authority may issue a provisional admission to
the person according to the position. It is made absolutely
clear that the said provisional admission shall be subject to
the outcome of the present appeal. In the meanwhile, the
appellant is granted leave to file an affidavit for placing the
new facts, relevant for purpose of adjudication.
(S.Talapatra)
Chief Justice
(M.S.Sahoo)
dutta Judge
Signature Not Verified
Digitally Signed
Signed by: AJIT KUMAR DUTTA
Reason: Authentication
Location: ohc
Date: 30-Sep-2023 18:28:03
