ASIT KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner challenges legality of the action taken by the Tahasildar, G. Udayagiri (opposite party No. 2) in cancelling the caste certificate issued to the petitioner under the Orissa Caste Certificate (for Scheduled Caste and Scheduled Tribe) Rules, 1980 (in short 'Rules') in R.M.C. No. 1234 of 1989 dated 19-10-1989. From the impugned order dated 26-9-94 we find that on the basis of certain allegations received, stating that the actual caste of the petitioner, was not Gond an inquiry was conducted by the Tahasildar and relying on certain social relationships as revealed from the statements of certain persons, caste of the petitioner was taken to be 'Guna' which is a general caste and not 'Gond' which is relatable to Scheduled Tribe. According to Mr. P. Palit, learned counsel for the petitioner, the petitioner was not afforded adequate opportunity to present his case before cancellation of the certificate.

(2.) Pursuant to the direction given by this Court, the records of R.M.C. No.1234 of 1989 were produced. We find from the record that certain statements have been recorded and in fact, statement of Sridhar Nayak, father of the petitioner was one of them. The records do not reveal that the statements recorded were brought to the notice of the petitioner so that he could have got an opportunity to have his say in the matter. Though he participated in the proceeding, he was not given opportunity to substantiate that he is 'Gond' by caste.

(3.) 'Gond' undisputedly is one of the castes belonging to Scheduled Tribes as specified in the Constitution (Scheduled Tribes) Order, 1950 (for short 'the order'). Before the Rules came into operation, the Members of the Legislative Assembly were competent to issue caste certificate relating to the caste of a particular person.