SRINIBASA MOHARANA Vs. COLLECTOR, JAGATSINGHPUR & ORS.

JUDGEMENT

(1.) Petitioner in this application has challenged the order dated 1.9.2015 passed by opposite party No.3-Tahasildar, Balikuda in Misc. Certificate Case No. e-OBC/582/2015 rejecting the application for issuance of caste certificate as well as with a prayer to direct the opposite party No.3 to issue a fresh OBC certificate in favour of the petitioner by taking his caste as "Badhai".

(2.) The facts leading to the present case are as follows:-

(3.) A counter affidavit filed on behalf of the opposite parties justifying the impugned order passed by opposite party No.3. It is also stated that the SEBC list was prepared by the State of Orissa as per the recommendation of Orissa State Commission for Backward Classes (OSCBC) and copy of the State and central list of Socially and Educationally Backward Classes of Orissa filed as Annexure-A series. In view of the said list the caste certificate issued till 2013 as "Badhai" even though their revenue record of right it was written as "Badhei". The Government has also received letter from the State Coordinator, NCSC from which it came to the notice of the Government that people of "Badhei" caste received OBC certificate as "Badhai" and as per Section 9(1) of Chapter-III of Orissa State Commission for Backward Classes Act, 1993 earlier as per the OSCBC is empowered to recommend inclusion/exclusion of any caste in the SEBC list. Accordingly after receiving the said letter from the National Commission for Scheduled Caste, the Government of Orissa issued a letter on 18.4.2015 clarifying the position that "Badhai" caste has been included in the Central list of OBC. Thereafter the concerned authorities have not issued any caste certificate in respect of "Badhei".