SANATAN MANGAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) CLAIMING to be a member of scheduled caste the petitioner had filed an application for issuance of a caste certificate as envisaged under the Orissa Caste Certificate (for S. C. and S. T.) Rules, 1980 (hereinafter referred to as 'the Rules'). As the same was rejected by the competent authority on the ground that he belongs to 'Niari' community, not included in the scheduled caste list as prescribed by the Presidential Order, 1950, he has approached this Court.

(2.) ADMITTEDLY , the petitioner belongs to 'Niari' community. Relying on the clarificatory letters of the Government, meaning of the 'Niari' as given in the Purnachandra Bhasakosh and a decision of this Court Mr. Das, learned advocate for the petitioner submits that 'Niari' community are by caste of'Kaibarta'or 'Keuta' which are synonymous with 'Dewars'. 'Dewar' is included in the Constitution (Scheduled Caste) Order, 1950. For such submission reliance is placed on Narayan Behera v. State of Orissa through Secretary, Trial (sic) and Welfare Departmant and others, 49 (1980) CLT 47 in which it has been held - 'We have just indicated that according to Clause 2 of the Scheduled Caste Order, the castes, races or parts thereof as specified in the Schedule are to be taken as Scheduled Castes. Dhibara is a caste and traditionally it refers to the community engaged in the trade of fishing and rowing of boats Etymologically derived from the root 'Dhi' the word Dhibara refers to the persons engaged in catching of fish. In the 'Purnachandra Oriya Bhashakosh' which is an accepted authority, the meaning of the word 'Dhibara' has been given as 'those whose occupation is catching fish.' As we have already indicated, Dhibara is not a community as such and essentially refers to that section of people in the society which take to the profession of catching fish...................... x x x x Adopting the substance of the ratio, it should follow that when there is no community known as Dhibara as such and Dhibara essentially refers to a profession, Kaibartas and Keutas who are traditionally accepted to belong to Dhibara profession should be taken as included in the term Dhibara ' and it is submitted that the petitioner who belongs to 'Niari' community being by caste a 'Keuta' comes whithin the ''Dewar' community which is one of the community of scheduled caste in Orissa prescribed by Presidential Order.

(3.) THE maintainability of the writ application is raised before us. Admittedly, the petitioner did not avail the alternative remedy of appeal as provided under Rule 9 of the Rules. The writ application was admitted by this Court in the year 1990. Since the petitioner is seeking for declaration, in our opinion, the question should be decided here. Therefore, instead of sending the petitioner to appellate forum we are deciding the matter on merits.