UTTAM CHAND MUDIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All these matters relate to single dispute though the ultimate reliefs sought are different, therefore, they are being heard and decided by this common order. For the sake of convenience, facts are taken from W.P.No.1524 of 2002, except where otherwise so mentioned in this order.

(2.) The challenge in the present case is made to proceedings of High Level Caste Scrutiny Committee dtd. 26/2/2002 which has taken decision in pursuance of order of this Court in W.P. No.6518 of 2000 and W.P. No.5676 of 2000 dtd. 5/11/2001 in the matter of scrutiny of caste category certificates of "Mudia" tribe (ST) or alternatively "Mudaha" Caste (OBC).

(3.) In the state of Madhya Pradesh, Mudia is mentioned as a Scheduled Tribe in Entry 16 of the Constitution (Scheduled Tribes) Order, 1950 in Part VIII thereof as applicable to the State of Madhya Pradesh. On the other hand, the caste Mudaha is notified as Other Backward Classes (OBC) in the State of Madhya Pradesh and is to be found at serial number 44 of list of such OBCs in the State of Madhya Pradesh. The dispute, therefore, in the present case, relates to whether the petitioners belong to Mudia-ST or Mudaha-OBC category. At some earlier point of time, all the petitioners were duly issued ST category certificates of Mudia tribe but, later on, it was disputed by the State Government on the ground that no members of ST category belonging to Mudia tribe are available in Narsinghpur district of the State of Madhya Pradesh and, therefore, all the ST category certificates of Mudia tribe, granted in Narsinghpur district, are void ab initio and all such persons in Narsinghpur district actually belong to Mudaha OBC category. All the petitioners in these cases have taken some or the other benefit on the basis of ST category certificates and in WP No.1524 of 2002, the basic decision of High Level Caste Scrutiny Committee is under challenge and in all other cases either the said proceedings are under challenge or the consequential adverse actions being taken against the petitioners in terms of said decision of the High Level Caste Scrutiny Committee are under challenge.