KUSHAL DABI Vs. GENERAL ADMINISTRATION DEPT.

JUDGEMENT

(1.) The petitioner before this Court has filed present petition being aggrieved by order dtd. 20/8/2018 (Annexure - P/20) by which the Sub Divisional Officer, Revenue, Badnawar, District Dhar, respondent No.4, has refused to issue Caste Certificate in favour of the petitioner by treating him to be belonging to Schedule Tribe and also by order dtd. 10/10/2018 (Annexure P/22 ) passed by the appellate authority, who affirmed the aforesaid impugned order.

(2.) The petitioner is undoubtedly a member of 'Mogia' caste and 'Mogia' caste has been included in Scheduled Tribe Category at Entry No.16 in the Presidential Notification issued by the State of Madhya Pradesh under the provisions of Constitution (Scheduled Tribes) Order, 1950. The respondents in fact are treating the petitioner as a member belonging to Scheduled Caste.

(3.) Shri L.C.Patne has drawn the attention of this Court towards a judgment delivered in the case of State of M.P. & Others Vs. Dule Singh Solanki & Others reported in 2014(1) MPHT 331 (DB). In the aforesaid case, there was a similar controversy involved and the persons belonging to 'Mogia' caste were not being treated as Scheduled Tribe. The Division Bench of this Court in the aforesaid case in paragraphs No.3 to 9 has held as under:-