RASHMI KHEDLE Vs. STATE OF M P

JUDGEMENT

(1.) SINCE common issue is involved in both the writ petitions, they were heard analogously and are decided by this common order The issue common in both the petitions is whether the petitioners who are sisters and are dhobi by Caste, resident of Sehore, are Schedule Caste and whether the action of the respondents in not recognising them as such and denying the schedule caste certificate are justified in their action.

(2.) DHOBI belonging in Bhopal, Raisen and Sehore Districts of Madhya Pradesh as per entry 22 of the Constitution (Scheduled Castes) order, 1950 is a Schedule caste. The Dhobis therefore of other places cannot claim themselves to be of scheduled Castes. And whether when migrated can they claim such right is the relevant issue involved.-

(3.) IN the case at hand the petitioner in W. P. No. 15108/2007 having born and brought up at Sehore applied for and got a temporary/provisional Caste Certificate. (In W. P. No. 3229/2004, the petitioner is denied such certificate.) Thereafter, she applied for and got admission in college of Agriculture Engineering Jawaharlal nehru Kendra Vishwa Vidyalalya as a Scheduled Caste Candidate, Subsequent to her admission, the college authorities demanded a permanent caste certificate. The petitioner apprehending an adverse action filed a writ petition W. P. No. 8441/ 2006 which was disposed of by order dated 30. 8. 2007 with a direction to Sub divisional Officer, Sehore, to issue caste certificate permissible under law and an interim protection was granted that till such decision is taken no adverse action be taken against the petitioner.