KHAZAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) It is writ petition, according to the petitioner, is an offshoot of Civil Writ No. 1375 of 1975, earlier filed by him.

(2.) Khazan Singh, the petitioner, is an ex-Sub-Inspector of Police. He is a Jat, by caste, his father Hazari Lal being a milk vendor belonging to that caste. The petitioner claims to have been adopted by Kishan Lal who is a Julaha (Kabirpanthi) by caste. The petitioner's allegation is that his natural father and adoptive father had been doing dairy business in partnership since 1947, that the petitioner was one of four sons of his father, that the adoptive father was very old and adoptive mother had developed T. B. and they had no issues of their own and that therefore the petitioner's natural parents and adoptive parents agreed to give and take the petitioner in adoption into the family of Sri Kishan Lal. It is alleged that a deed of adoption was executed on 5-1-1969 on a stamp paper of Rs. 25 (a photostat copy of which is Annexure 'A') and that certain customary ceremonies were also performed on the same day which are evidenced by a photograph taken on the occasion (Annexure 'B'). Acccording to the petitioner therefore, he is entitled to be treated as a member Julaha (Kabirpanthi) caste which is a scheduled caste (S. C., for short) within the meaning of Article 341 of the Constitution.

(3.) Sometimes in December, 1970 the petitioner applied to the Deputy Commissioner, Delhi in a prescribed form for the grant of a scheduled caste certificate, apparently as he contemplated entering Government service shortly. From the original application made by the petitioner to the Deputy Commissioner (D. C. for short) it is seen that the petitioner bad stated therein that he was the adopted son of Kishan Lal and that the purposes for which the certificate was required was: "service". It is common ground that this application was attested and a certificate to the effect that the petitioner belonged to the Julaha caste was also annexed thereto from a Member of the Metropolitan Council, Delhi as prescribed in the form itself. On 26-12-1970, a certificate was issued by the office of the Deputy Commissioner, Delhi certifying that the petitioner, adopted son of Sri Kishan Lal. belonged to the Kabirpanthi Julaha caste which is recognised as a scheduled caste and that he and his family ordinarily resided in No. 163, Moti Bagh, Sarai Rohilla, Delhi. The certificate bore the seal of the Office of the Deputy Commissioner and was signed by Sri H. D. Birdi. for the Deputy Commissioner.