UGRESAN NAYAK Vs. SUB

JUDGEMENT

(1.) Being aggrieved by the orders rejecting his application for grant of a Scheduled Caste Certificate the writ-petitioner has filed the present writ petition.

(2.) Sri Ugresan Nayak, the petitioner, submitted an application dated Dec. 16, 1994 for grant of a Scheduled Caste Certificate on the basis that he belongs to Keuta' Caste which is synonymous to 'Dewar' or 'Dhibars' community included in the Schedule of the Scheduled Caste in the State of Orissa. The petitioner has stated that his father has been recorded as a 'Keuta' in the Record of Rights being Annexure-1 to this writ petition and that he was also granted a Scheduled Caste Certificate in the year 1987 by the Tahasildar on the basis of which he got his employment. The petitioner has further stated that he obtained stipend as a Scheduled Caste student while prosecuting his under-graduate studies. The petitioner's two brothers, namely: Sri Prasanna Kumar Nayak and Sri Prakash Kumar Nayak had already been granted Scheduled Caste Certificates.

(3.) Upon the petitioner's application a local enquiry was held by the Revenue Inspector, Balaskumpa. In his enquiry report (Annexure-5 to the writ application) the Revenue Inspector reported that the petitioner belongs to a sub-caste 'Keuta' and he is a Hindu by religion. Revenue Supervisor, Khandamals also conducted an enquiry and reported that beginning from the petitioner's great grand-father, his predecessors, have been mentioned as belonging to sub-caste 'Keuta'. Regarding the profession of the petitioner's predecessors there is some difference in the two enquiry reports. While R.I., Balaskumpa reported that main profession of the family was fishing, the Revenue Supervisor, Khandamals reported hat the occupation of the family was mentioned as cultivation although the grand-father of the petitioner was also fishing. The Sub-elector Phulbam by his order dated Dec. 22,1994 refused to grant Scheduled Caste Certificate on the ground that although the petitioner belongs to 'Keuta' sub-caste their lain occupation was agriculture and not fishing. Against the sard order of the Sub-Collector. the petitioner preferred an appeal. The Collector, Phulbani being the appellate authority by his order dated Jan. 16, 1995 upheld the Sub-Collector's order and dismissed the appeal. Against the aforesaid orders the petitioner has filed the present writ application.