KRUSHNA CHANDRA BARIKI Vs. STATE OF ORISSA

JUDGEMENT

(1.) CLAIMING to be a member of Scheduled Caste, the petitioner filed an application before the competent authority as envisaged under the Orissa Caste Certificate (for Scheduled Castes and Scheduled Tribes) Rule, 1980 (hereinafter referred to as the 'Rules'). As the application of the petitioner was rejected by the competent authority on the ground that the petitioner does not belong to a Scheduled Caste community, be has approached this Court.

(2.) ADMITTEDLY petitioner belongs to 'Radhi' community. Relying on the documents filed, Sri Misra for the petitioner submits that 'Radhis' are a class of 'Kaibarta' or 'Keuta' which is synonymus with 'Dewar'. 'Dewar' is included in the Constitution (Scheduled Castes) Order, 1950. in Narayan Behera v. State of Orissa through Secretary, Tribal and Welfare Department and Ors. (49 (1980) CLT 47), it has been decided that:

(3.) THE maintainability of the writ application is raised before us as the petitioner did not avail the alternative remedy of appeal as provided under Rule 9 of the Rules, but as the writ application has already been admitted by this Court, in our opinion since the petitioner is seeking for a declaration, instead of asking the petitioner to avail the appellate forum, the question should be decided here. Therefore we are proceeding to merits.