Disposed

Subhashree Meher v. State of Orissa

Orissa HC9 May 2017WP(C)/5879/2017

Case brief

AI extract

What is this about?

In a writ petition challenging the rejection of a caste certificate application, the High Court directed the Tahasildar to entertain a fresh application. The petitioner is to be issued a provisional caste certificate within fifteen days, explicitly stating it is subject to the pending Supreme Court Civil Appeal regarding the classification of 'Kuli'.

What did the court decide?

A fresh application to be made; provisional caste certificate to be issued within 15 days subject to pending Supreme Court appeal.

The petitioner has filed this writ application on the ground that, though Kuli and Kulis have been held to be synonymous by judicial pronouncement of this Court, the concer ned Tahasildar, without taking into consideration the effect of pronouncement by this Court, h as not entertained the application of the petitioner for issuance of Caste Certificate.

It is fairly admitted at the Bar that, no stay order has been passed by the Ho nble Supreme Court in Civil Appeal No.7362 of 2013 (State of Odisha vs. Dasarathi Meher). Taking into consideration the aforesaid position, this writ application is dis posed of with the observation that, the petitioner shall make a fresh application in proper fo rmat under the Orissa Caste Certificate for Scheduled Caste & Scheduled Tribe Rules, 1980 befo re the Tahasildar, Bijepur. If such an application is filed for issuance of Caste Certificate, Provisional Caste Certificates may be issued in favour of the petitioner within fifteen days from the date of filing of the application, after

While issuing the Certificate, it should be clearly mentioned in the said Cast e Certificate that, the Caste Certificate be provisional in nature, subject to result of the d ecision of the Honble Apex Court in the aforesaid Civil Appeal.

It is worthwhile to mention here that, though the present writ application is disposed of with the aforesaid observation, some of the Tahasildars are issuing Provisional Ca ste Certificates mentioning therein that the Provisional Caste Certificate is subject to resul t of the writ application pending in the High Court. They should refrain from doing that, as t he present writ application is disposed of. They should clearly mention in the Provisional Cas te Certificate that, the Provisional Caste Certificate is subject to result of the Civil Appea l No.7362 of 2013 (State of Odisha vs. Dasarathi Meher) pending in the Honble Supreme Court.

Subhashree Meher v. State of Orissa

Case brief

What is this about?

What did the court decide?

Subhashree Meher v. State of Orissa

Case brief

What is this about?

What did the court decide?

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