Madhya Pradesh High Court
Sunita Shirpurkar vs The State Of Madhya Pradesh on 4 September, 2025
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
NEUTRAL CITATION NO. 2025:MPHC-JBP:42814
1 WP-5175-2007
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 4 th OF SEPTEMBER, 2025
WRIT PETITION No. 5175 of 2007
SUNITA SHIRPURKAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Naveen Kumar Salunke - Advocate for the petitioner.
Shri Lalit Joglekar - Government Advocate for the respondents/State.
ORDER
This petition by the petitioner while praying for the following reliefs:
"(i) By issuance of writ of certiorari quash the impugned findings dated 29/12/2006 (P-1) of the State Level Caste Scrutiny Committee, as being void, arbitrary and unlawfull.
(ii) Declare that in the given fact and circumstance of the evidence and material available on record, the petitioner belongs to the Scheduled Caste of "Dhobi"
which is recognized as an SC in the district of Bhopal (MP).
(iii) Declare that the action of the respondent in rendering the impugned findings and taking consequential action thereafter is untenable in law and in violation of constitutional right of the petitioner as member of the Scheduled Caste of Dhobi.
(iv) Direct the respondents, respondent no.1 and 4 in particular, to consider the case of the petitioner for promotion to the higher post of Assistant Director, Food & Civil Supplies without being prejudice by the impugned action and the present litigation.
(v) Grant any other relief as thought fit by it in given or changed circumstances of the case."
2. The facts of the case in nutshell are that vide order dated 22.06.1949, the Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 2 WP-5175-2007 father of the petitioner initially appointed as Cinema Operator in Department of Tribal Welfare at Nagpur. On 27.11.1954, the petitioner was born at Nagpur. On 01.11.1956, due to formation of State of Madhya Pradesh under the State Reorganization Act, 1956, father of the petitioner allocated to the State of Madhya Pradesh. Thereafter, father of the petitioner alongwith his family shifted to Bhopal. While petitioner pursuing her studies from 24.01.1962 to April 1972, she availed Scheduled Caste's Scholarship from Class-V onwards. Vide order dated 31.03.1983, the father of the petitioner retired from the post of Artist. From July, 1972 to June, 1978, the petitioner completed her bachelor and master degrees. In the year 1974, the petitioner was registered as Scheduled Caste candidate with the Employment Exchange at Bhopal. Vide order dated 25.09.1974, the petitioner was appointed as Clerk Grade-III against a Scheduled Caste post. Thereafter, in the year 1980, due to Scheduled Caste candidate, the petitioner was promoted on the post of Upper Division Clerk. Vide order dated 17.12.1998, the petitioner was promoted to the post of Office Superintendent. The petitioner continued to enjoy the status of 'Dhobi' caste which is recognized as Scheduled Caste in the State of Madhya Pradesh on the strength of certificate issued to the petitioner by the competent authority. However, the State Level Caste Scrutiny Committee constituted in terms of the directions of the Apex Court in the case of Kumari Madhuri Patil and another vs. Addl. Commissioner, Tribal Development and others reported in (1994) 6 SCC 241 . The petitioner called upon to explain her credentials regarding caste status. The entire documents so desired by the committee were produced. A report from the Vigilance Officer requisitioned which was in favour of present petitioner.
Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 3 WP-5175-2007 However, the committee arrived at the adverse findings against the petitioner vide order dated 04.02.2002. The order dated 04.02.2002 was assailed by the petitioner while filing W.P. No.6179/2002 before this Court. Vide order dated 28.11.2005 the said writ petition was finally disposed of by this Court while remanding back the matter to State Level Caste Scrutiny Committee to reconsider the case of the petitioner in the light of circular dated 01.08.1996 issued by Department of General Administration. Pursuant to the order passed by this Court, the High Level Caste Scrutiny Committee has passed the impugned order dated 29.12.2006 which is contained in Annexure P/1. Assailing the order dated 29.12.2006 (Annexure P/1) and also an order dated 22.11.2014 (Annexure P/10) by which the services of the petitioner have been terminated, this petition is filed.
3. Counsel for the petitioner contended that the subsequent order of termination of services of the petitioner is an offshoot of the order passed by State Level Caste Scrutiny Committee and the order of termination has been passed just 7 days before attaining the age of superannuation by the petitioner. It is contended by the counsel that this is a case where the impugned order passed by the State Level Caste Scrutiny Committee under misconceived notions. The State Level Caste Scrutiny Committee proceeded to pass the impugned order in a most highhanded and capricious manner. It is further contended by the counsel that the matter came up for consideration before this Court in previous round of litigation and this Court issued unequivocal direction to the State Level Scrutiny Committee to consider the issue in question in the light of circular dated 01.08.1996 issued by Department of General Administration and there was specific direction by Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 4 WP-5175-2007 this Court to the petitioner to supply the said circular to the committee. The committee was directed to proceed in accordance with specially paragraph Nos.13.6 and 13.7 of the decision of Apex Court in the case of Madhuri Patil (supra). The petitioner herein was also extended liberty to furnish the list of Scheduled Castes of the State of Madhya Pradesh as per which caste Dhobi was included in Scheduled Caste in districts of Bhopal, Raisen and Sehore. In terms of the order passed by this Court in previous round of litigation, the entire documents were submitted by the petitioner before the State Level Caste Scrutiny Committee. The State Level Caste Scrutiny Committee proceeded to pass the impugned order without appreciating the importance of circular dated 01.08.1996. It is contended by the counsel that the controversy in the case in hand revolves around clause 15 of circular dated 01.08.1996 which is contained in Annexure P/17 issued by Department of General Administration. The aforesaid clause of the circular contains the provision of issuance of caste certificate in the cases of involuntary migration. It is further contended that the case in hand was a case of involuntary migration inasmuch as the services of the father of the petitioner were allocated to State of Madhya Pradesh pursuant to formation of the State of Madhya Pradesh as per State Reorganization Act, 1956 and accordingly, as per clause 15 of circular dated 01.08.1996, the caste 'Dhobi' to which the petitioner belonged being a recognized Scheduled Caste in Bhopal, the petitioner was entitled to enjoy the caste status of 'Dhobi' caste. The State Level Caste Scrutiny Committee completely failed to appreciate the provisions of clause 15 of the circular dated 01.08.1996 despite the clear cut Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 5 WP-5175-2007 findings so given by this Court. Counsel further contended that the committee was required to appreciate the report of the vigilance officer which was previously submitted and was in favour of the present petitioner and even the report submitted by Superintendent of Police also left no iota of confusion that the present petitioner was entitled to enjoy the status of caste 'Dhobi'. It is also contended by the counsel that the said caste status was throughout enjoyed by the petitioner and just at the eve of service carrier, the petitioner's services were terminated. Accordingly, counsel contended that the impugned order passed by the State Level Caste Scrutiny Committee deserves to be set aside inasmuch as by virtue of clause 15 of circular dated 01.08.1996 since the petitioner and her father, involuntary had to migrate to State of Madhya Pradesh, therefore, the caste 'Dhobi' being a recognized Scheduled Caste in the State of Madhya Pradesh, the petitioner was entitled for the caste certificate of Dhobi Scheduled Caste and accordingly, the said certificate was rightly issued to the present petitioner. The order passed by the State Level Caste Scrutiny Committee since does not deal with the spirit of clause 15 of circular dated 01.08.1996, the order is unsustainable and deserves to be set aside.
4 . Counsel for the petitioner in support of his contention has placed reliance on the decisions of this Court in the cases of Kamal Kishore Barapatre v. State of Madhya Pradesh and others passed in W.P. No.7649/2007 vide order dated 19.02.2009 , Apeksha Kumari (Smt. Apeksha Jain) v. State of Madhya Pradesh passed in W.P. No.16642/2016 vide order dated 14.05.2018 and Gokul Prasad v. State Level Committee and Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 6 WP-5175-2007 another passed in W.P. No.15227/2007 vide order dated 19.01.2012. Counsel for the petitioner has also relied on the decisions of the Apex Court in the cases of Kumari Madhuri Patil (supra) and Kranti Associates Private Limited and another v. Masood Ahmed Khan and others reported in (2010) 9 SCC 496.
5. Per contra, counsel for the State submitted that the present petition so filed by the petitioner deserves to be dismissed. It is a case where the petitioner's father who was employed in Department of Tribal Welfare at Nagpur, upon formation of State of Madhya Pradesh in the year 1956 came to Madhya Pradesh as he was allocated to the State of Madhya Pradesh and the petitioner herein was born on 27.11.1954. Thus, undisputedly, the petitioner born in the State of Maharashtra and later on, shifted alongwith her father to the State of Madhya Pradesh upon allocation of his services. Thus, it can be safely concluded that the petitioner and her father belonged to a caste which in the State of Maharashtra was not recognized as Scheduled Caste, on the contrary, the said caste remained to be in general category and of late, the same was brought in the list of OBC category in the State of Maharashtra. Thus, the said caste undisputedly was never in the list of recognized Scheduled Caste in terms of constitutional order. This aspect of the matter was rightly appreciated by the State Level Caste Scrutiny Committee and the State Level Caste Scrutiny Committee after dealing with the matter exhaustively and after considering the entire material available on record and after considering the stand of the petitioner has passed the impugned order. The State Level Caste Scrutiny Committee has also taken Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 7 WP-5175-2007 into consideration the provisions of circular dated 01.08.1996 which is being heavily relied upon by the present petitioner and as such, as there is failure on the part of the petitioner to establish any substantive right. The petitioner cannot claim status of a particular caste which is a notified Scheduled Caste in the State of Madhya Pradesh. The petitioner by birth is not a member of Scheduled Caste as the caste of the petitioner i.e. 'Dhobi' always remained in a general category, then later in OBC category in Maharashtra. The petitioner shifting to Madhya Pradesh also cannot be said to be involuntary and hence, the order passed by State Level Caste Scrutiny Committee deserves to be set aside.
6. Counsel for the State in support of his contentions has relied upon the decisions of the Apex Court in the case of Navneet Kaur Harbhajansing Kundles alias Navneet Kaur Ravi Rana vs. State of Maharashtra and others reported in 2024 SCC OnLine SC 494 , State of Maharashtra v. Milind and others reported in (2001) 1 SCC 4, Melwin Chiras Kujur v. State of Maharashtra and others reported in (2015) 17 SCC 549 and the decision of this Court in the case of State of M.P. and others vs. Sanjay Kumar Koshti reported in I.L.R. [2018] M.P. 2369 (DB) .
7. Counsel for the petitioner in rejoinder arguments submits that the petitioner herein, on account of the report submitted by the State Level Caste Scrutiny Committee has been confronted with the order of termination of services at the eve of her service career. It is further submitted that no other family members of the petitioner has availed the benefit while claiming to be the member of 'Dhobi' community which is a Scheduled Caste and therefore, Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 8 WP-5175-2007 in such circumstances, the order of termination deserves to be set aside. It is the further contention of the counsel that it is not a case where the certificate so issued in favour of the present petitioner was found to be forged or fabricated, on the contrary, according to the respondents, caste 'Dhobi' is not a recognized Scheduled Caste in the State of Maharashtra i.e. the State to which the petitioner belonged. Accordingly, it is the contention of the counsel that even assuming that 'Dhobi' caste is not recognized as Scheduled Caste in the State of Maharashtra, the petitioner should not be denuded of her rights which accrued to her after performing the unblemished service with the Government, hence, submits that the order of termination be set aside.
8. No other argument is advanced by counsel for the parties.
9. The controversy which is subject matter of the present litigation is as regards the issue as to a person upon his migration to different State is entitled for a particular caste status in the later State, when the said caste was not recognized as Scheduled Caste in the former State. Undisputedly, the petitioner in support of her contentions is harping strongly on the circular dated 01.08.1996 (Annexure P/17) and according to the counsel for the petitioner, clause 15 of the said circular deals with an extraordinary situation where a person who, on account of involuntary migration, has become resident of another State, is entitled to obtain caste certificate of a caste which is recognized Scheduled Caste in the later State. According to the counsel, the case of the petitioner was required to be considered by the State Level Caste Scrutiny Committee in terms of decision of this court in previous round of litigation. To deal with the aforesaid contention of Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 9 WP-5175-2007 counsel, if the order passed by this Court in W.P. No.6179/2002 is perused, the same would reveal that following order was passed by this court on previous occasion:
"5. There is merit in the contention of learned counsel for the petitioner that Annexure-P/17 which is a policy issued by State Government through its GAD that the persons who on account of some arrangement or obligation have become the permanent residence of Madhya Pradesh and if they belong to a particular caste which is notified as Scheduled Caste and Scheduled Tribe in the State of Madhya Pradesh, they shall be entitled for the benefit of that caste. The father of the petitioner Uttam Rao Kadu serving in the erstwhile Government of C.P and Barar and on the information of the new State of Madhya Pradesh in 1956, his services were migrated in the Madhya Pradesh and, thus, the father of the petitioner is said to be in voluntary migratee. On x-raying the impugned order Annexure- P/16 passed by the Screening Committee, it is gathered that without taking into the notice of the policy Annexure-P/17 the said order has been passed.
6. Thus, the view of this Court is that the Screening Committee may re-decide the case of the petitioner by taking into consideration the policy of the State Government Annexure-P/17 issued by the GAD dated 1/8/1996. The petitioner is hereby directed to supply the copy of Annexure-P/17 to the Screening Committee. The committee is hereby further directed to take into account the observations of the Apex Court in the case of Kumari Madhuri Patil (supra) specially paras 13.6 and 13.7. The petitioner may also furnish the list of scheduled caste Annexure-P/18 wherein caste of 'Dhobi' is included in Bhopal, Raisen and Sehore District as scheduled caste."
10. Perusal of the aforesaid decision of this Court reveals that the matter was remitted back to the committee to consider the case of the petitioner in the light of circular dated 01.08.1996. Clause 15 of the aforesaid circular provided as under:
"15. अनै छक अथात ् कसी यव था या बा यता के कारण (इन वॉले टर माई ेशन) जो य म य दे श के मूल िनवासी बन गये ह उसक जाित को म य दे श म अनुसूिचत जाित अथवा अनुिचत जनजाित क सूची म स मिलत है तो Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 10 WP-5175-2007 ऐसे य य को जाित माण-प जार कया जा सकता है जाित माण-प जार करने के पूव इस तरह के मामल क काफ गहराई से जांच करना चा हये. ऐसे करण को पूण पेण सा य िल खत अिभलेख के आधार पर एवं अ य ासंिगत सा य को म े नजर रखकर जाित माण-प जार करना चा हये."
11. While dealing with the case of the petitioner in the light of decision of this Court in WP No.6179/2000, the State Level Caste Scrutiny Committee passed impugned order dated 29.12.2006. The State Level Caste Scrutiny Committee considered the case elaborately. The committee considered that father of the petitioner was resident of Nagpur (Maharashtra). His services were allocated to State of Madhya Pradesh upon reorganization of State in the year 1956. The father of the petitioner belonged to caste 'Dhobi' which was in general category in the State of Maharashtra and later on, the said caste was included in the list of Other Backward Class in the State of Maharashtra. The said caste was never remained in the list of Scheduled Caste in the State of Maharashtra. The committee also considered the aspect that Dhobi is a scheduled caste in Raisen, Bhopal and Sehore districts of State of Madhya Pradesh. The committee further observed that the said caste is in the OBC category in the remaining districts of State of Madhya Pradesh. The committee also took note of the fact that the entire education of the present petitioner was in the State of Madhya Pradesh and she got married as well in the State of Madhya Pradesh. The committee in paragraph 4 of the points of consideration, has observed that the petitioner was born in the State of Madhya Pradesh but this finding apparently incorrect because according to the petitioner's own admission the petitioner Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 11 WP-5175-2007 was born in Nagpur which is evident from perusal of paragraph 5.1 of the petition.
12. Thus, taking into consideration the aforesaid issue, committee came to a conclusion that caste 'Dhobi' which is in the list of Other Backward Classes in the State of Maharashtra and even some part of the Madhya Pradesh cannot be recognized as Scheduled Caste qua the petitioner. The committee also observed that even assuming that the case of the petitioner is treated to be a case of involuntary migration, then the caste of the petitioner would not change as said caste was initially in general category and later on was included in OBC category in the State of Maharashtra and accordingly, the committee concluded that the petitioner herein was not entitled for issuance of caste certificate in respect of 'Dhobi' Scheduled Caste and accordingly was also not entitled for the benefit which the petitioner availed on the strength of said caste certificate.
13. The aforesaid analysis of the committee is required to be taken into consideration in the light of decision of the Apex Court in the case of Milind (supra). In the aforesaid case, the Apex Court in paragraph Nos.12, 15, 35 and 36 has held as under:
"12. Plain language and clear terms of these articles show (1 ) the President under clause (1) of the said articles may with respect to any State or Union Territory and where it is a State, after consultation with the Governor, by public notification specify the castes, races or tribes or parts of or groups within the castes, races or tribes which shall for the purposes of the Constitution be deemed to be Scheduled Castes/Scheduled Tribes in relation to that State or Union Territory as the case may be; ( 2 ) under clause (2) of the said articles, a notification issued under clause (1) cannot be varied by any subsequent notification except by law made by Parliament. In other words, Parliament alone is competent by law to include in or exclude a Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 12 WP-5175-2007 caste/tribe from the list of Scheduled Castes and Scheduled Tribes specified in notifications issued under clause (1) of the said articles. In including castes and tribes in Presidential Orders, the President is authorised to limit the notification to parts or groups within the caste or tribe depending on the educational and social backwardness. It is permissible that only parts or groups within them be specified and further to specify castes or tribes thereof in relation to parts of the State and not to the entire State on being satisfied that it was necessary to do so having regard to social and educational backwardness. The States had opportunity to present their views through Governors when consulted by the President in relation to castes or tribes, parts or groups within them either in relation to the entire State or parts of State. It appears that the object of clause (1) of Articles 341 and 342 was to keep away disputes touching whether a caste/tribe is a Scheduled Caste/Scheduled Tribe or not for the purpose of the Constitution. Whether a particular caste or a tribe is Scheduled Caste or Scheduled Tribe as the case may be, within the meaning of the entries contained in the Presidential Orders issued under clause (1) of Articles 341 and 342, is to be determined looking to them as they are. Clause (2) of the said articles does not permit any one to seek modification of the said orders by leading evidence that the caste/Tribe (A) alone is mentioned in the Order but caste/Tribe (B) is also a part of caste/Tribe (A) and as such caste/Tribe (B) should be deemed to be a Scheduled Caste/Scheduled Tribe as the case may be. It is only Parliament that is competent to amend the Orders issued under Articles 341 and 342. As can be seen from the entries in the schedules pertaining to each State whenever one caste/tribe has another name it is so mentioned in the brackets after it in the schedules. In this view it serves no purpose to look at gazetteers or glossaries for establishing that a particular caste/tribe is a Scheduled Caste/Scheduled Tribe for the purpose of Constitution, even though it is not specifically mentioned as such in the Presidential Orders. Orders once issued under clause (1) of the said articles, cannot be varied by subsequent order or notification even by the President except by law made by Parliament. Hence it is not possible to say that State Governments or any other authority or courts or Tribunals are vested with any power to modify or vary the said Orders. If that be so, no inquiry is permissible and no evidence can be let in for establishing that a particular caste or part or group within tribes or tribe is included in Presidential Order if they are not expressly included in the Orders. Since any exercise or attempt to Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 13 WP-5175-2007 amend the Presidential Order except as provided in clause (2) of Articles 341 and 342 would be futile, holding any inquiry or letting in any evidence in that regard is neither permissible nor useful.
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15. Thus it is clear that States have no power to amend Presidential Orders. Consequently, a party in power or the Government of the day in a State is relieved from the pressure or burden of tinkering with the Presidential Orders either to gain popularity or secure votes. Number of persons in order to gain advantage in securing admissions in educational institutions and employment in State services have been claiming as belonging to either Scheduled Castes or Scheduled Tribes depriving genuine and needy persons belonging to Scheduled Castes and Scheduled Tribes covered by the Presidential Orders, defeating and frustrating to a large extent the very object of protective discrimination given to such people based on their educational and social backwardness. Courts cannot and should not expand jurisdiction to deal with the question as to whether a particular caste, sub-caste; a group or part of tribe or sub-tribe is included in any one of the entries mentioned in the Presidential Orders issued under Articles 341 and 342 particularly so when in clause (2) of the said article, it is expressly stated that the said Orders cannot be amended or varied except by law made by Parliament. The power to include or exclude, amend or alter Presidential Order is expressly and exclusively conferred on and vested with Parliament and that too by making a law in that regard. The President had the benefit of consulting the States through Governors of States which had the means and machinery to find out and recommend as to whether a particular caste or tribe was to be included in the Presidential Order. If the said Orders are to be amended, it is Parliament that is in a better position to know having the means and machinery unlike courts as to why a particular caste or tribe is to be included or excluded by law to be made by Parliament. Allowing the State Governments or courts or other authorities or Tribunals to hold inquiry as to whether a particular caste or tribe should be considered as one included in the schedule of the Presidential Order, when it is not so specifically included, may lead to problems. In order to gain advantage of reservations for the purpose of Article 15(4) or 16(4) several persons have been coming forward claiming to be covered by Presidential Orders issued under Articles 341 and 342. This apart, when no other authority other than Parliament, that too by law alone can amend the Presidential Orders, neither Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814
14 WP-5175-2007 the State Governments nor the courts nor Tribunals nor any authority can assume jurisdiction to hold inquiry and take evidence to declare that a caste or a tribe or part of or a group within a caste or tribe is included in Presidential Orders in one entry or the other although they are not expressly and specifically included. A court cannot alter or amend the said Presidential Orders for the very good reason that it has no power to do so within the meaning, content and scope of Articles 341 and 342. It is not possible to hold that either any inquiry is permissible or any evidence can be let in, in relation to a particular caste or tribe to say whether it is included within Presidential Orders when it is not so expressly included.
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35. In order to protect and promote the less fortunate or unfortunate people who have been suffering from social handicap, educational backwardness besides other disadvantages, certain provisions are made in the Constitution with a view to see that they also have the opportunity to be on par with the others in the society. Certain privileges and benefits are conferred on such people belonging to Scheduled Tribes by way of reservations in admission to educational institutions (professional colleges) and in appointments in services of State. The object behind these provisions is noble and laudable besides being vital in bringing a meaningful social change. But, unfortunately, even some better- placed persons by producing false certificates as belonging to Scheduled Tribes have been capturing or cornering seats or vacancies reserved for Scheduled Tribes defeating the very purpose for which the provisions are made in the Constitution. The Presidential Orders are issued under Articles 341 and 342 of the Constitution recognising and identifying the needy and deserving people belonging to Scheduled Castes and Scheduled Tribes mentioned therein for the constitutional purpose of availing benefits of reservation in the matters of admissions and employment. If these benefits are taken away by those for whom they are not meant, the people for whom they are really meant or intended will be deprived of the same and their sufferings will continue. Allowing the candidates not belonging to Scheduled Tribes to have the benefit or advantage of reservation either in admissions or appointments leads to making mockery of the very reservation against the mandate and the scheme of the Constitution.
36. In the light of what is stated above, the following positions emerge:
Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 15 WP-5175-2007
1. It is not at all permissible to hold any inquiry or let in any evidence to decide or declare that any tribe or tribal community or part of or group within any tribe or tribal community is included in the general name even though it is not specifically mentioned in the entry concerned in the Constitution (Scheduled Tribes) Order, 1950.
2. The Scheduled Tribes Order must be read as it is. It is not even permissible to say that a tribe, sub-tribe, part of or group of any tribe or tribal community is synonymous to the one mentioned in the Scheduled Tribes Order if they are not so specifically mentioned in it.
3. A notification issued under clause (1) of Article 342, specifying Scheduled Tribes, can be amended only by law to be made by Parliament. In other words, any tribe or tribal community or part of or group within any tribe can be included or excluded from the list of Scheduled Tribes issued under clause (1) of Article 342 only by Parliament by law and by no other authority.
4. It is not open to State Governments or courts or tribunals or any other authority to modify, amend or alter the list of Scheduled Tribes specified in the notification issued under clause (1) of Article 342.
5. Decisions of the Division Benches of this Court in Bhaiya Ram Munda v. Anirudh Patar [(1970) 2 SCC 825 : (1971) 1 SCR 804] and Dina v. Narain Singh [38 ELR 212 : (1968) 8 DEC 329] did not lay down law correctly in stating that the inquiry was permissible and the evidence was admissible within the limitations indicated for the purpose of showing what an entry in the Presidential Order was intended to be. As stated in Position (1) above no inquiry at all is permissible and no evidence can be let in, in the matter."
(emphasis supplied)
14. The decision of the Apex Court in the case of Milind (supra) clearly reveals that no authority including the Courts or Tribunals are vested with the power to modify and vary the constitutional (SC/ST) Orders. The Apex Court also observed that no inquiry is permissible and no evidence can be led to establish that a particular caste/part/group within the tribe or tribes is included in the Presidential Order, if they are not expressly included in the Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 16 WP-5175-2007 orders.
15. Thus, the aforesaid conclusion in the case of Milind (supra) arrived at while keeping in view the provisions of Articles 341 and 342 of the Constitution of India leave no iota of confusion that the consideration is required to be made within the scope and ambit of Constitution (Scheduled Caste) Order, 1950.
16. The Apex Court in the case of Marri Chandra Shekhar Rao v.
Dean, Seth G.S. Medical College and others reported in (1990) 3 SCC 130 has held as under:
"9. It appears that Scheduled Castes and Scheduled Tribes in some States had to suffer the social disadvantages and did not have the facilities for development and growth. It is, therefore, necessary in order to make them equal in those areas where they have so suffered and are in the state of underdevelopment to have reservations or protection in their favour so that they can compete on equal terms with the more advantageous or developed sections of the community. Extreme social and economic backwardness arising out of traditional practices of untouchability is normally considered as criterion for including a community in the list of Scheduled Castes and Scheduled Tribes. The social conditions of a caste, however, varies from State to State and it will not be proper to generalise any caste or any tribe as a Scheduled Tribe or Scheduled Caste for the whole country. This, however, is a different problem whether a member or the Scheduled Caste in one part of the country who migrates to another State or any other Union territory should continue to be treated as a Scheduled Caste or Scheduled Tribe in which he has migrated. That question has to be judged taking into consideration the interest and well-being of the Scheduled Castes and Scheduled Tribes in the country as a whole.
10. It has, however, to be borne in mind that a man does not cease to belong to his caste by migration to a better or more socially free and liberal atmosphere. But if sufficiently long time is spent in socially advanced area then the inhibitions and handicaps suffered by Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 17 WP-5175-2007 belonging to a socially disadvantageous community do not continue and the natural talent of a man or a woman or a boy or girl gets full scope to flourish. These, however, are problems of social adjustment i.e. how far protection has to be given to a certain segment of socially disadvantaged community and for how long to become equal with others is a matter of delicate social adjustment. These must be so balanced in the mosaic of the country's integrity that no section or community should cause detriment or discontentment to other community or part of community or section. Scheduled Castes and Scheduled Tribes belonging to a particular area of the country must be given protection so long as and to the extent they are entitled in order to become equal with others. But equally those who go to other areas should also ensure that they make way for the disadvantaged and disabled of that part of the community who suffer from disabilities in those areas. In other words, Scheduled Castes and Scheduled Tribes say of Andhra Pradesh do require necessary protection as balanced between other communities. But equally the Scheduled Castes and Scheduled Tribes say of Maharashtra in the instant case, do require protection in the State of Maharashtra, which will have to be in balance to other communities. This must be the basic approach to the problem. If one bears this basic approach in mind, then the determination of the controversy in the instant case does not become difficult. For the purpose of understanding the problem, it may be worthwhile to refer to the Report of the Joint Committee of the Parliament on the Scheduled Castes and Scheduled Tribes (Amendment) Order Bill, 1967. It may also be worthwhile to refer to the proceedings of the Constituent Assembly on September 17, 1949 dealing with draft Articles 303 and 304, which later on became Articles 341 and 342 respectively. Dr B.R. Ambedkar moving the Resolution observed as follows:
"That after Article 300, the following articles be inserted:
300-A. (1) The President may, after consultation with the Governor or Ruler of a State, by public notification specify the castes, races or tribes or parts of or groups within castes races or tribes, which shall for purposes of this Constitution be deemed to be Scheduled Castes in relation to the State.
(2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued by the President under clause (1) of this article Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 18 WP-5175-2007 any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.
300-B. (1) The President may after consultation with the Governor or Ruler of a State, by public notification specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State.
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued by the President under clause (1) of this article any tribe or tribal community or part of or group within any tribe or tribal community but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification."
The object of these two articles, as I stated, was to eliminate the necessity of burdening the Constitution with long lists of Scheduled Castes and Scheduled Tribes. It is now proposed that the President, in consultation with the Governor or Ruler of a State should have the power to issue a general notification in the gazette specifying all the castes and tribes or groups thereof deemed to be Scheduled Castes and Scheduled Tribes for the purposes of the privileges which have been defined for them in the Constitution. The only limitation that has been imposed is this: that once a notification has been issued by the President, which, undoubtedly, he will be issuing in consultation with and on the advice of the government of each State, thereafter, if any elimination was to be made from the list so notified or any addition was to be made, that must be made by Parliament and not by the President. The object is to eliminate any kind of political factors having a play in the matter of the disturbance in the Schedule so published by the President."
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13. It is trite knowledge that the statutory and constitutional provisions should be interpreted broadly and harmoniously. It is trite saying that where there is conflict between two provisions, these should be so interpreted as to give effect to both. Nothing is surplus in a Constitution and no part should be made nugatory. This is well settled. See the observations of this Court i n Venkataramana Devaru v. State of Mysore [1958 SCR 895, 918 : AIR 1958 SC 255] , where Venkatarama Aiyer, J. reiterated that the rule of Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 19 WP-5175-2007 construction is well settled and where there are in an enactment two provisions which cannot be reconciled with each other, these should be so interpreted that, if possible, effect could be given to both. It, however, appears to us that the expression 'for the purposes of this Constitution' in Article 341 as well as in Article 342 do imply that the Scheduled Caste and the Scheduled Tribes so specified would be entitled to enjoy all the constitutional rights that are enjoyable by all the citizens as such. Constitutional right, e.g., it has been argued that right to migration or right to move from one part to another is a right given to all -- to Scheduled Castes or Tribes and to non-scheduled castes or tribes. But when a Scheduled Caste or Tribe migrates, there is no inhibition in migrating but when he migrates, he does not and cannot carry any special rights or privileges attributed to him or granted to him in the original State specified for that State or area or part thereof. If that right is not given in the migrated State it does not interfere with his constitutional right of equality or of migration or of carrying on his trade, business or profession. Neither Article 14, 16, 19 nor Article 21 is denuded by migration but he must enjoy those rights in accordance with the law if they are otherwise followed in the place where he migrates. There should be harmonious construction, harmonious in the sense that both parts or all parts of a constitutional provision should be so read that one part does not become nugatory to the other or denuded to the other but all parts must be read in the context in which these are used. It was contended that the only way in which the fundamental rights of the petitioner under Articles 14, 19(1)( d ), 19(1)(e) and 19(1)(f) could be given effect to is by construing Article 342 in a manner by which a member of a Scheduled Tribe gets the benefit of that status for the purposes of the Constitution throughout the territory of India. It was submitted that the words "for the purposes of this Constitution" must be given full effect. There is no dispute about that. The words "for the purposes of this Constitution" must mean that a Scheduled Caste so designated must have right under Articles 14, 19(1)( d ), 19(1)(e) and 19(1)(f) inasmuch as these are applicable to him in his area where he migrates or where he goes. The expression "in relation to that State" would become nugatory if in all States the special privileges or the rights granted to Scheduled Castes or Scheduled Tribes are carried forward. It will also be inconsistent with the whole purpose of the scheme of reservation. In Andhra Pradesh, a Scheduled Caste or a Scheduled Tribe may require protection because a boy or a child who grows Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 20 WP-5175-2007 in that area is inhibited or is at disadvantage. In Maharashtra that caste or that tribe may not be so inhibited but other castes or tribes might be. If a boy or a child goes to that atmosphere of Maharashtra as a young boy or a child and goes in a completely different atmosphere or Maharashtra where this inhibition or this disadvantage is not there, then he cannot be said to have that reservation which will denude the children or the people of Maharashtra belonging to any segment of that State who may still require that protection. After all, it has to be borne in mind that the protection is necessary for the disadvantaged castes or tribes of Maharashtra as well as disadvantaged castes or tribes of Andhra Pradesh. Thus, balancing must be done as between those who need protection and those who need no protection, i.e., who belong to advantaged castes or tribes and who do not. Treating the determination under Articles 341 and 342 of the Constitution to be valid for all over the country would be in negation to the very purpose and scheme and language of Article 341 read with Article 15(4) of the Constitution.
14. Our attention was drawn to certain observations i n Elizabeth Warburton v. James Loveland [1832 HL 499] . It is true that all provisions should be read harmoniously. It is also true that no provision should be so read as to make other provisions nugatory or restricted. But having regard to the purpose, it appears to us that harmonious construction enjoins that we should give to each expression --"in relation to that State" or "for the purposes of this Constitution" -- its full meaning and give their full effect. This must be so construed that one must not negate the other. The construction that reservation made in respect of the Scheduled Caste or Tribe of that State is so determined to be entitled to all the privileges and rights under the Constitution in that State would be the most correct way of reading, consistent with the language, purpose and scheme of the Constitution. Otherwise, one has to bear in mind that if reservations to those who are treated as Scheduled Caste or Tribe in Andhra Pradesh are also given to a boy or a girl who migrates and gets deducted (sic inducted) in the State of Maharashtra or other States where that caste or tribe is not treated as Scheduled Caste or Scheduled Tribe then either reservation will have the effect of depriving the percentage to the member of that caste or tribe in Maharashtra who would be entitled to protection or it would denude the other non-Scheduled Castes or non- Scheduled Tribes in Maharashtra to the proportion that they are entitled to. This cannot be logical or correct Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 21 WP-5175-2007 result designed by the Constitution.
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21. We have reached the aforesaid conclusion on the interpretation of the relevant provisions. In this connection, it may not be inappropriate to refer to the views of Dr B.R. Ambedkar as to the prospects of the problem that might arise, who stated in the Constituent Assembly Debates in reply to the question which was raised by Mr Jai Pal Singh [Safeguards for Scheduled Castes and Tribes -- Founding Father's view by H.S. Saksena, p. 60] which are to the following effect:
"He asked me another question and it was this. Supposing a member of a Scheduled Tribe living in a tribal area migrates to another part of the territory of India, which is outside both the scheduled area and the tribal area, will he be able to claim from the local government, within whose jurisdiction he may be residing, the same privileges which he would be entitled to when he is residing within the scheduled area or within the tribal area? It is a difficult question for me to answer. If that matter is agitated in quarters where a decision on a matter like this would lie, we would certainly be able to give some answer to the question in the form of some clause in his Constitution. But, so far as the present Constitution stands, a member of a Scheduled Tribe going outside the Scheduled area or tribal area would certainly not be entitled to carry with him the privileges that he is entitled to when he is residing in a scheduled area or a tribal area. So far as I can see, it will be practicably impossible to enforce the provisions that apply to tribal areas or scheduled areas, in areas other than those which are covered by them...."
(emphasis supplied)
17. A perusal of the aforesaid decision of the Apex Court also reveals that the Apex Court dealt with the eventuality where when a member of Scheduled Caste or Scheduled Tribe of a particular State migrates to another State, he does not and cannot carry any special rights or privileges attributed to him or granted to him in the original State or area or part thereof.
18. It is no more a debatable issue that a particular caste or tribe can be within the area or part of a particular State, a recognized Scheduled Caste or Tribe. But a member of such category is not entitled for privileges in any Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 22 WP-5175-2007 other State, part or area of that State, unless the said caste is mentioned in the Constitution (Scheduled Caste) Order, 1950 in respect of successor State .
19. It is also important to take note of the fact at this juncture that the caste 'Dhobi' is not a recognized Scheduled Caste in the entire State of Madhya Pradesh and it is a recognized caste only for the aforesaid three districts namely Bhopal, Raisen and Sehore.
20. So far as the State of Maharashtra or the other part of State of Madhya Pradesh are concerned, caste Dhobi is not recognized as Scheduled Caste. On the contrary, the order passed by the State Level Caste Scrutiny Committee reveals that caste Dhobi in some other districts of State of Madhya Pradesh falls within the OBC category, hence, when a particular caste while taking into consideration the custom as well as tradition and also due regard to social and educational backwardness, has been recognized as a Scheduled Caste in a particular area, the said special status cannot be stretched to any other part or area of the State which is not included in Constitution (SC/ST) Order, 1950,
21. The Apex Court in paragraph 16 of the case of Action Committee on Issue of Caste Certificate to Scheduled Castes & Scheduled Tribes in the State of Maharashtra v. Union of India reported in (1994) 5 SCC 244 16 has held as under:
"16. We may add that considerations for specifying a particular caste or tribe or class for inclusion in the list of Scheduled Castes/Schedule Tribes or backward classes in a given State would depend on the nature and extent of disadvantages and social hardships suffered by that caste, tribe or class in that State which may be totally non est in another State to which persons belonging thereto may migrate. Coincidentally it may be that a caste or tribe bearing the same nomenclature is Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 23 WP-5175-2007 specified in two States but the considerations on the basis of which they have been specified may be totally different. So also the degree of disadvantages of various elements which constitute the input for specification may also be totally different. Therefore, merely because a given caste is specified in State A as a Scheduled Caste does not necessarily mean that if there be another caste bearing the same nomenclature in another State the person belonging to the former would be entitled to the rights, privileges and benefits admissible to a member of the Scheduled Caste of the latter State "for the purposes of this Constitution". This is an aspect which has to be kept in mind and which was very much in the minds of the Constitution-makers as is evident from the choice of language of Articles 341 and 342 of the Constitution. That is why in answer to a question by Mr Jaipal Singh, Dr Ambedkar answered as under:
"He asked me another question and it was this. Supposing a member of a Scheduled Tribe living in a tribal area migrates to another part of the territory of India, which is outside both the scheduled area and the tribal area, will he be able to claim from the local Government, within whose jurisdiction he may be residing the same privileges which he would be entitled to when he is residing within the scheduled area or within the tribal area? It is a difficult question for me to answer. If that matter is agitated in quarters where a decision on a matter like this would lie, we would certainly be able to give some answer to the question in the form of some clause in this Constitution. But so far as the present Constitution stands, a member of a Scheduled Tribe going outside the scheduled area or tribal area would certainly not be entitled to carry with him the privileges that he is entitled to when he is residing in a scheduled area or a tribal area. So far as I can see, it will be practicably impossible to enforce the provisions that apply to tribal areas or scheduled areas, in areas other than those which are covered by them...."Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50
NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 24 WP-5175-2007 Relying on this statement the Constitution Bench ruled that the petitioner was not entitled to admission to the medical college on the basis that he belonged to a Scheduled Tribe in the State of his origin."
(emphasis supplied)
22. Recently also the Apex Court in the case of State of Punjab and others v. Davinder Singh and others reported in (2025) 1 SCC 1 has held that enlisted castes are treated as castes in the list under Arts. 341 and 342 only for the territories (districts) named in the entry and not for other territories, whether in the same State or other State(s). That is because social conditions of caste groups vary across the country and a caste or tribe cannot be generalised as a Scheduled Caste or Scheduled Tribe for the whole country. Further, the Apex Court held as under:
"127. The prohibitions in Articles 341(1) and 342(2) are twofold : first, specification as a Scheduled Caste is circumscribed by the territorial limits of the State or the region, specific to which a particular group has been notified [See Constitution (Scheduled Castes) Order, 1950 [2, 4].] . For instance, Entry 23 of Part I of the Scheduled Castes Order for the State of Andhra Pradesh enumerates:"Godagalli, Godagula (in the districts of Srikakulam, Vizianagaram and Vishakhapatanam)".
H e n c e , the enlisted communities (Godagalli and Godagula) are treated as a Scheduled Caste for the districts named in the entry and not for the entire State.
128. In Marri Chandra Shekhar Rao v. Seth G.S. Medical College [Marri Chandra Shekhar Rao v. Seth G.S. Medical College, (1990) 3 SCC 130] , a Constitution Bench of this Court considered whether a member of the Gouda community, recognised as a Scheduled Tribe in Andhra Pradesh, could seek admission to a seat reserved for the Scheduled Tribes in Maharashtra. Answering it in the negative, this Court observed that since the social conditions of caste groups vary across the country, a caste or tribe could not be generalised as a Scheduled Caste or Scheduled Tribe for the whole country. It held that the expression "in relation to that State" in Articles 341(1) and 342(1) could not be rendered redundant by treating a caste specified as a Scheduled Caste in one State to be Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 25 WP-5175-2007 entitled to the benefits for Scheduled Castes in another State, where it was not so specified. [Marri case, (1990) 3 SCC 130, para 9] ****
237. Para 54 of the Report deals with "Disabilities of the Untouchables". It states that the actual disabilities, other than religious, suffered by the untouchables owing to their untouchability vary very greatly in different parts of India, not only from province to province, but also in different parts of the same province and even sometimes in different parts of the same district........."
23. If the case of the petitioner is subjected to pensive consideration in the light of aforesaid decisions of the Apex Court, it would reveal in case in hand that the petitioner making effort to lay her claim on the ground that she belongs to caste 'Dhobi' which though was not recognized as Scheduled Caste in Maharashtra but is recognized as such in Bhopal (Madhya Pradesh), therefore, she is entitled for all privileges which are admissible to a person who belongs to caste Dhobi.
24. This claim of the present petitioner is ill founded and also misconceived inasmuch as a person upon migration does not carry his caste status to successor State. The nomenclature in regard to caste is immaterial. The caste Dhobi in the State of Maharashtra if is in OBC category or general category, it does not necessarily mean that caste with same nomenclature in State of Madhya Pradesh is also of the same category. As dealt with by the Apex Court in the aforesaid decisions, the conferment of a particular caste to Scheduled Caste or Scheduled Tribe is based on multiple factors and the said factors have been taken into consideration while enforcing Constitution (SC/ST) Order, 1950 considering a particular territory or area. Therefore, a particular caste even if recognized as Scheduled Caste, the said status is confined to certain districts or part of a State, the said status is not extended Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 26 WP-5175-2007 to other district or part of the district. Hence, the submission of the present petitioner that entire caste Dhobi is a Scheduled Caste and accordingly, since the petitioner belongs to caste Dhobi, he is entitled to enjoy the status of said caste in the State of Madhya Pradesh is a claim which does not find support from any statutory provision or any authority.
25. Hence, this Court is of the considered view that State Level Caste Scrutiny Committee did not commit any error while holding that the petitioner cannot be treated to be a member of Scheduled Caste 'Dhobi' which is recognized in Districts Bhopal, Raisen and Sehore of the State of Madhya Pradesh. Thus, the order passed by the State Level Caste Scrutiny Committee to that extent cannot be interfered with.
26. However, the petitioner in the case in hand availed the benefit which accrued to her on the strength of a caste certificate which later on as per the decision of State Level Caste Scrutiny Committee was held to be invalid and undisputedly on the strength of said caste certificate only the petitioner completed the entire service carrier and just at the verge of superannuation her services were terminated, hence, this special circumstance in the case in hand is also required to be dealt with. The availing of benefit by a person of a particular caste on the strength of caste certificate was also taken into consideration by the Apex Court in the case of Milind (supra) as under:
"38. Respondent 1 joined the medical course for the year 1985-86. Almost 15 years have passed by now. We are told he has already completed the course and may be he is practising as a doctor. In this view and at this length of time it is for nobody's benefit to annul his admission. Huge amount is spent on each candidate for Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814
27 WP-5175-2007 completion of medical course. No doubt, one Scheduled Tribe candidate was deprived of joining medical course by the admission given to Respondent 1. If any action is taken against Respondent 1, it may lead to depriving the service of a doctor to the society on whom public money has already been spent. In these circumstances, this judgment shall not affect the degree obtained by him and his practising as a doctor. But we make it clear that he cannot claim to belong to the Scheduled Tribe covered by the Scheduled Tribes Order. In other words, he cannot take advantage of the Scheduled Tribes Order any further or for any other constitutional purpose. Having regard to the passage of time, in the given circumstances, including interim orders passed by this Court in SLP (C) No. 16372 of 1985 and other related matters, we make it clear that the admissions and appointments that have become final, shall remain unaffected by this judgment."
27. The similar kind of observations is made by the Apex Court in the cases of Melwin (supra) and R. Vishwanatha Pillai v. State of Kerala and others reported in (2004) 2 SCC 105 and also by this Court in the case o f Hemprakash Keer v. State of M.P. and others reported in 2018 SCC OnLine MP 645.
28. Thus, as the petitioner herein just at the verge of superannuation, was confronted with the order pertaining to termination and according to the counsel, the benefit of caste certificate apart from the petitioner, was not availed by any member of the family of the present petitioner, hence, taking into consideration the entire service carrier of the petitioner and particularly in view of the fact that it was not a case where the said certificate was doubted on the allegation of forgery or fraud, this Court deems it proper to venture partial interference with the impugned order.
29. Accordingly, the decision of the impugned scrutiny committee by Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50 NEUTRAL CITATION NO. 2025:MPHC-JBP:42814 28 WP-5175-2007 which the committee has deprived the petitioner from all the benefits which availed by the petitioner on the strength of caste certificate is set aside. The remaining impugned order dated 29.12.2006 (Annexure P/1) passed by State Level Scrutiny Committee is upheld. The order of dismissal dated 22.11.2014 (Annexure P/10) is also set aside. The petitioner is also entitled for all consequential benefits available to her upon her superannuation.
30. However, as the Committee did not commit error in holding that the petitioner does not belong to caste Dhobi which is recognized Scheduled Caste in M.P., liability to pay interest on retiral dues cannot be fastened on respondents.
31. Let the entire benefits alongwith interest be conferred within a period of 90 days from the date of production of certified copy of the order.
32. The writ petition stands allo w e d to the extent indicate hereinabove.
(MANINDER S. BHATTI) JUDGE vc Signature Not Verified Signed by: VARSHA CHOURASIYA Signing time: 11-09-2025 11:16:50