RAMNIVAS Vs. M. P. SHASAN

JUDGEMENT

(1.) The petitioners before this Court have filed present petition being aggrieved by order dtd. 14/3/2024 (Annexure - P/1) by which the Sub Divisional Officer, Neemuch, District Neemuch, respondent No.2 has refused to issue Caste Certificate in favour of the petitioners by treating them to be belonging to Scheduled Tribe.

(2.) The petitioners are 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 petitioners as a member belonging to Scheduled Caste.

(3.) Shri Jhala 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:-