The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 09-Jul-2025 16:24:54 IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. NO.2054 OF 2023 (An appeal under Clause-10 of the Letters Patent of Patna High Court read with Article-4 of the Orissa High Court Order, 1948 **** State State of Odisha, of Odisha, represented 1. the Secretary, Department of through Scheduled Tribe and Scheduled Caste, Development, At- Secretariat Building, Lok Sabha Bhawan, Bhubaneswar, District- Khordha, represented 2. its Secretary, Revenue and through Disaster Management Department, At- Secretariat Building, Lok Sabha Bhawan, Bhubaneswar, District- Khordha, 3. Tusura, District- Bolangir, Collector, 4. At/P.O/District-Bolangir, The Tahasildar, Tusra, At/P.O- Bolangir, The …. Appellants -versus- Subham Kumar Dora, son of Sri Ashok Chandra Dora, AT: Jamamunda, PO: Deulgudi, PS: Tusura, Dist: Bolangir …. Respondent Advocate for the parties For Appellants : Mr. Swayambhu Mishra, Additional Standing Counsel For Respondent
Decision
JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ------------------------------------------------------------------------------------ Heard and disposed of on : 02.07.2025 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- W.A. NO.2054 OF 2023 Page 1 of 11 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 09-Jul-2025 16:24:54 J U D G M E N T By the Bench 1. 2. This matter is taken up through hybrid mode. Perused the kind minutes of the Hon’ble the Chief Justice at Flag-‘Z’ assigning the matter to be heard by a Division Bench presided over by Sri K. R. Mohapatra, J. Accordingly, the matter is listed before this Bench. 3. This intra-Court Appeal is filed assailing the order dated 3rd August, 2023 in W.P.(C). No.16069 of 2023, wherein, the Writ Court directed to issue caste certificate in favour of the Respondent forthwith unless the application is rejected on some cogent reasons other than those mentioned in the order impugned in the writ petition and pendency of verification of caste certificate of the writ Petitioner’s grandfather or any other relative. 4. Mr. Mishra, learned Additional Standing Counsel submits that Rule 4 of the Orissa Caste Certificate (for Scheduled Castes and Scheduled Tribes) Rules, 1980 (for short, ‘Rules’) clearly provides as under:- “4. Verification of caste – Where a person claims to belong to Scheduled Caste or Scheduled Tribe it should be verified- (1) That the person and his parents actually belong to the community claimed. (2) That the community is included in the Presidential Order specifying the Scheduled Castes and Scheduled Tribes in relation to the State of Orissa. (3) That the person belongs to the State of Orissa and to the area in respect of which the community has been scheduled. W.A. NO.2054 OF 2023 Page 2 of 11 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 09-Jul-2025 16:24:54 (4) If a person claims to be a Scheduled Caste, he should profess either the Hindu or Sikh religion. (5) If a person claims to be a Scheduled Tribe, he may profess any religion.” Thus, while issuing the caste certificate, the competent authority under the Rules shall verify that the person and his parents actually belong to the community claimed. Secondly, the community is included in the Presidential Order, 1950 specifying the Scheduled Castes and Scheduled Tribes in relation to the State of Odisha. Thirdly, the person belongs to the State of Odisha and the area in respect of which the community has been scheduled and fourthly, if a person claims to be a Scheduled Tribe, he may profess any religion. 5. In the instant case, the core question that arises for consideration is whether the caste certificate granted in favour of the father and grandfather of the Respondent can be ignored for issuance of a caste certificate, as claimed by him. 6. Elaborating his submission, Mr. Mishra, learned ASC submits that earlier father of the Respondent was issued with a caste certificate stating that he belongs of ‘Kondadora’ by caste, which is a Scheduled Tribe under the Constitution (Scheduled Tribe) Order, 1950 (for brevity ‘Presidential Order’). 7. On an application made by one Netrananda Bhoi, Revenue Misc. Case No.310 of 2002 was initiated on the file Tahasildar, Tusura and the caste certificate issued in favour of the father of the W.A. NO.2054 OF 2023 Page 3 of 11 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 09-Jul-2025 16:24:54 Respondent was cancelled. The revenue records describe the caste of the father and grandfather of the Respondent to be ‘Telenga’. 8. He submitted that the Respondent had admitted before the competent authority namely Tahasildar, Tusura that his forefathers had migrated from ‘Telangana’. Thus, the clarification issued by the Government of India in the Ministry of Social Justice and Empowerment, Department of Social Justice and Empowerment on 22nd February, 2018 under Annexure-5 is squarely applicable to the case of the Respondent. Clarification is issued therein with regard to issuance of caste certificate to the migrants. 9. The relevant paragraph of the said clarification under Annexure-5 reads as under: “3. It is, therefore, reiterated that the competent authorities who have been empowered to issue social status certificate in a State Government/UT Administration may issue the Scheduled Caste certificate to a person who has migrated from another State/UT, on the production of the genuine certificate issued to his/her father by the prescribed authority of the State/UT of the father’s origin except where the prescribed authority feels that detailed enquiry is necessary trough the State/UT of origin before issue of the certificate. The certificate will be issued irrespective of whether the Caste in question is scheduled or not in relation to the State/UT to which the person has migrated. It is also clarified that inter-State/UT Scheduled Caste migrant will be deemed to be a Scheduled Caste of the State/UT of his/her origin and will be entitled to derive benefits from the State/UT of origin and not from the State /UT to which he/she has migrated. However, a member of a Scheduled Caste would be entitled for all benefits /concessions of Central Government irrespective of his/her State/ UT of origin. the State Governments/ UT Administrations are 4. All requested to bring the contents of this letter to the notice of all W.A. NO.2054 OF 2023 Page 4 of 11 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 09-Jul-2025 16:24:54 the authorities empowered to issue social status certificate in the State/Union Territory.” (emphasis supplied) 10. Since the Respondent himself claimed to be a migrant from Telangana (the then Andhra Pradesh), the caste certificate should be issued accordingly in terms of the clarification therein more particularly that the certificate will be issued irrespective of whether the caste in question is scheduled or not in relation to the State/ Union Territory to which the person has migrated. The said letter under Annexure-5 further clarified that inter-State/Union Territory migrants (Scheduled Caste) will be deemed to be a Scheduled Caste of the State/Union Territory of his/her origin and will be entitled to derive the benefit from the State/Union Territory of origin and not from the State/ Union Territory to which he/she migrated. However, a member of Scheduled Caste would be entitled for all benefits/ concessions of Central Government irrespective of his /her State/ Union Territory of origin. In the instant case, the origin of the Respondent forefathers was Andhra Pradesh (now Telangana). Thus, they cannot claim the same status as they were being treated in the State from which they have migrated. As such, the Tahasildar, Tusura had committed no error in rejecting the caste certificate granted in favour of the father of Respondent. Learned Single Judge, while adjudicating the Writ Petition, failed to appreciate the same and made observation to the effect that pendency of verification of caste certificate of Respondent’s grandfather or any other relatives would not influence the competent authority, namely, Tahasildar, Tusura to grant the caste certificate in favour of the Respondent. In view of Rule 4(1) of the W.A. NO.2054 OF 2023 Page 5 of 11 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 09-Jul-2025 16:24:54 Rules and clarification under Annexure-5, there remains no doubt that while granting caste certificate to a person, in the instant case to the Respondent, the Tahasildar, Tusura must take into consideration the caste of his parents as well as grandfather and entry in revenue records. Thus, the direction of the Writ Court to issue of caste certificate in favour of the Respondent without being influenced by the pendency of verification of caste certificate of Respondent’s grandfather or any other relative will not sustain and should be set aside. He verily relied upon the averments made in para 6 and 7 of the Additional Affidavit filed by Tahasildar, Tusura- Appellant No.3, which reads as under: “6. That, on 28.08.2023, this Hon’ble Court framed the question of law that whether the son can be issued with a Scheduled Tribe Certificate when the certificate of his father has been cancelled. It is humbly submitted that the said question shall become academic depending on the result of the W.A. No.2257/2023. Hence, the State Govt. is limiting its submissions to the W.A. No.2257/2023 as follows:- i. It is the submission of the State Govt., that admittedly, from Telengana, fore-fathers migrated the Appellant’s however, it is the claim of the Appellant that he belongs to the tribe of "Kondadora". ii. It is trite of law that in the case of Inter-State migration, the tribal status of a person must be determined with respect to its State of origin and not the State he has migrated to. Reference may be made to the letter No.35/1/72-RU, dated of April, 1975 issued by the Ministry of Home Affairs, Govt. of India (Quoted at Page No.33 of the W.A) and the letter dated 22.02.2018 issued by the Ministry of Social Justice and Empowerment, Govt. of India, available at Page No.54 of the W.A. No.2054/2023 7. Therefore, in order to claim the status of "Kondadora" in the State of Odisha, the Appellant must satisfy that he can claim the status of "Kondadora" in the State of Telengana /Andhra Pradesh.” W.A. NO.2054 OF 2023 Page 6 of 11 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 09-Jul-2025 16:24:54 He, therefore, submits that, as per averment in paragraph-6 of the Additional Affidavit (supra) the question involved in the Writ Appeal shall become academic depending upon the result of WA No.2257 of 2023, which has already been disposed of by this Court on 30th June, 2025 by a separate judgment remitting the matter to Tahasildar, Tusura for fresh adjudication keeping in mind the observation made therein. Hence, the instant case should also be remitted to the Tahasildar, Tusura for fresh adjudication in accordance with law keeping in mind the scope of provisions under Rule-4 of the Rules as well as circulars/guidelines issued from time to time by the Government of India and Government of Odisha. 11. Ms. Mahapatra, learned counsel for the Respondent vehemently objects to the same. She opened her argument with a statement that neither the Respondent nor his father and grandfather were migrants. Presidential Order came into force on 6th September, 1950. Thus, the recognition of SC and ST commenced from that date only. In the notification/circular issued in 1977, it is clarified that a person will belong to the State in which he was residing on the date of coming into force of Presidential Order. Admittedly, the family of the Respondent is residing in Odisha at least since 1936, which is clear from the RoR issued in favour of the great grandfather of the Respondent. They were being described as ‘Telenga’ by caste under a misconception. There is no caste called ‘Telenga’. Since the forefathers of the Respondent’s family belong to the State of Andhra Pradesh and had migrated to Odisha before 1936, they were being recognized as ‘Telenga’/’Dora’. Thus, at some places, they are W.A. NO.2054 OF 2023 Page 7 of 11 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 09-Jul-2025 16:24:54 being recognised as ‘Dora’ or ‘Telenga’, which is misconceived. The Respondent belongs to ‘Kondadora’ tribe and recognized as ST. Learned Single Judge, while discussing the matter, has clarified the position at paragraphs- 6 and 7 of the judgment impugned herein. Learned State Counsel by reading out part of the order, tried to interpret the judgment in a different way. In the impugned order, it is clearly stated that the rectification of record resulted to be a good presumption of Respondent’s caste as belonging to ‘Kondadora’ (ST). The rectification in record is pursuant to a study made by the institute (SCSTRTI) and view taken thereupon that those people in then Bargarh and Bolangir districts in western Odisha and in Koraput district in southern Odisha called ’Dora’, were found to be ’Kondadora’. It is also observed by learned Single Judge that ‘Contention of State on ’Dora’ being an honorific title appears to be based on this view. The study revealed that because of origin of migration the tribal people were known, inter alia, as ’Telenga’. This was a misdescription on convenience of attaching a name to them. That cannot obliterate their identity as belonging to the Scheduled Tribe ’Kondadora’., Entry in the land record is a rebuttable presumption. There is no rebuttal. Presumptions are possible in law as can be relied on to be evidence.’ 12. In view of the above, Ms. Mahapatra, learned counsel submits that the finding of the Writ Court should not be interfered with, as it is based on the study made by the SC and ST Research and Training Institute and other attending materials including the revenue records which was rectified describing grandfather of the Respondent to be ‘Kondadora’ by caste and they have also been issued with caste certificate W.A. NO.2054 OF 2023 Page 8 of 11 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 09-Jul-2025 16:24:54 accordingly by the Tahasildar, Tusura, which still holds the field. The finding of the Writ Court to the extent that pendency of verification of caste certificate of the Respondent’s grandfather or any other relative will not influence Tahasildar, Tusura for issuance of caste certificate to the Respondent, may be because of the fact that the caste certificate granted in favour of the father of the Respondent was cancelled and the said matter was sub judice at the time of adjudication of the writ petition filed by the Respondent. She further submits that in the meantime, the writ petition filed by the father of the Respondent has already been disposed of and Writ Appeal (W.A. No. 2257 of 2023) has also been allowed remitting the matter to Tahasildar, Tusura for fresh adjudication of the Revenue Misc. Case No.310 of 2002. As such, the impugned order warrants no interference. 13. Heard learned counsel for the parties. Perused the materials on record, more particularly, the notification dated 2nd May, 1975 issued by the Ministry of Home Affairs, Government of India and letter/Circular dated 22nd March, 1977 issued by the Ministry of Home Affairs, Government of India together with Annexure-5, the letter dated 22nd February, 2018 issued by Ministry of Social Justice and Empowerment, Government of India and the relevant Rules. 14. Taking into consideration the above, core question that arises for adjudication is whether the Respondent can be treated as a migrant. The Circular of 1977 makes it clear that the person would be treated to be the resident of the State, where he resided on the date when Presidential Order came into force. The Presidential Order came into force on 6th W.A. NO.2054 OF 2023 Page 9 of 11 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 09-Jul-2025 16:24:54 September, 1950. It is not the case of either of the parties that the Respondent or his forefathers have migrated to Odisha after 6th September, 1950. Revenue records clearly show that forefathers of the Respondent had migrated to Odisha before 1936. The Respondent relied upon the RoR of his great grandfather, which was published in the year 1936. On that basis, it can be said without any hesitation that the Respondent or his forefathers cannot be treated to be migrant as interpreted in the letter under Annexure-5. Further, the Commissioner Consolidation and Settlement, Odisha, Bhubaneswar in Revision Case No.297 of 2002 directed to correct the caste of the grandfather of the Respondent as ‘Kondadora’ in place of ‘Telenga’ in the RoR. The same has already been carried out as would reveal from Annexure-8 and 9 (of the writ petition). 15. Keeping in mind the provision under Rule 4 of the Rules, this Court is of the considered opinion that the case of the Respondent also requires to be considered afresh by the Tahasildar, Tusura keeping in mind the discussions made hereinabove, and the notification/circular/letter dated 2nd May, 1975 so also 22nd March, 1977 as well as the relevant provisions of the Rules as well as the observations in the judgment dated 30th May, 2025 in W.A. No. 2257 of 2023, the impugned order is modified and the matter is remitted to the Tahasildar, Tusura to take a decision in the matter in accordance with law keeping in mind the observation made hereinabove providing opportunity of hearing to the parties concerned. W.A. NO.2054 OF 2023 Page 10 of 11 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 09-Jul-2025 16:24:54 16. The Writ Appeal is disposed of accordingly. In the facts and circumstances, there shall be no order as to costs. 17. Since the matter relates to issuance of caste certificate, the Tahasildar, Tusura shall make an endeavour for early disposal of the application of the Respondent for issuance of a caste certificate. (K.R. Mohapatra) Judge (Savitri Ratho) Judge High Court of Orissa Dated the 2nd day of July, 2025/ Ranjeeta W.A. NO.2054 OF 2023 Page 11 of 11