Pasayat, J.:— Petitioner challenges correctness of order dated 19-12-1994 (Annexure 8 to the writ application) passed by the Tahaslidar, Parlakhemundi, wherein he has concluded that the petitioner does not belong to Sahara sub-tribe, and as such does not belong to Scheduled Tribe. A caste certificate issued to him earlier in Misc. Case No. 134 of 1983 under the Orissa Caste Certificate (for Scheduled Caste and Scheduled Tribe) Rules, 1980 (in short, the ‘Rules’) was held to be inoperative. According to the petitioner, the Tahasildar acted illegally and/or beyond his jurisdiction in conducting an enquiry behind his back, and coming to the aforesaid conclusion about his caste.

2. A brief reference to the factual position, as presented by the petitioner, is necessary for testing correctness of the action taken by the Tahasildar.

In the year 1962 the petitioner joined as a Block Level Worker and received promotions from time to time and at the relevant point of time was working as Block Development Officer. Mohhana Block in the district of Gajapati. Petitioner as well as his father belong to the caste ‘Sahara’. He applied for caste certificate which was issued to him by accepting that he is a Sahara by caste and belongs to Scheduled Tribe, as specified under the Constitution (Scheduled Tribes) Order, 1950 (in short, the ‘Order’). Before the Rules came into operation, Members of the Legislative Assembly were competent to issue caste certificates relating to caste of a particular person and accordingly, the then Member of Legislative Assembly representing Ramgiri Assembly Constituency, i.e, Garasango Savara had issued a caste certificate on 17-6-1980 indicating that the petitioner belonged to Sahara sub-caste. It is not in dispute that Sahara sub-caste is recongnised as Scheduled Tribe as per the Order, so far as Orissa is concerned. Earlier also similar certificate was issued by the former M.L.A Chakradhar Paik in favour of the petitioner's brother, describing him as Saura which is synonymous for Sahara. One Haladhar Karji, ex MLA representing Ramgiri Assembly Constituency had also issued certificate in favour of petitioner's daughter that she belongs to Sahara Tribe. On 15-3-1994, the then Tahasildar, Parlakhamundi issued a certificate to the petitioner certifying that he is a Sahara Christian and belongs to Scheduled Tribe. The petitioner received a notice from the Tahasildar requiring him to show cause as to why the certificate issued to him should not be cancelled. The same action was taken purportedly on the basis of tour note of the Sub-Collector, Parlakhemundi dated 24-11-1994 communicated to the Tahasildar asking him to submit a report about genuineness of the certificate issued to the petitioner. Petitioner was directed to appear on 8-12-1994. He asked for time as he was required to be present elsewhere on official work. Several persons were directed to appear as witnesses, some of whom appeared and their statements were recorded. However, on the said date the statement of the petitioner was recorded, and making use of the statements recorded on 8-12-1994, 15-12-1994 and 16-12-1994 the certificate issued in favour of the petitioner was cancelled by the impugned order dated 19-12-1994.

3. The conclusions of the Tahasildar were to the effect that the petitioner's father had married a non-tribal woman. According to him, under the Rules, the requirement is that where a person claims to belong to Scheduled Caste or Scheduled Tribe, it should be verified that the person and his parents actually belong to the community claimed. Since the mother of the petitioner was a Pana Christian, and she was born, brought up and maintained in Pana Christian Community, she did not belong to Sahara community. Since the petitioner was born from the womb of a Pana Christian and lived in a Pana Christian community, and making relations in Pana Christian community, he cannot claim to belong to Scheduled Tribe. Reliance was placed on statements of persons which showed that the petitioner's mother was a Pana Charstian. In the counter-affidavit it is stated that when she died her body was taken to the burial ground in a coffin while the custom of tribals is to carry deadbody in a ‘Kokei’. Petitioner also admitted that he first married a Pana Christian and after her death he again married a Pana Christian woman. This, according to the Tahasildar, was sufficient to show that he was not accepted by the tribal society. Mention in the record-of-rights that the petitioner belongs to Scheduled Tribe was held to be of no consequence. Similarly it was held that the certificates issued from time to time either to the petitioner or his relatives do not throw any light on the controversy. In the counter-affidavit filed, the abovementioned aspects were highlighted. It is accepted that certain witnesses were examined on 15-12-1994 and 16-12-1994, on which dates there was no appearance on behalf of the petitioner. The petitioner's case is that he had no notice of the adjournment. It is asserted that though the petitioner could have cross-examined the witnesses, he could not do so, and therefore, the Tahasildar was justified in relying on the evidence of the witnesses examined in coming to the conclusions we assailed. So far as cross-examination aspect is concerned, it is stated that the enquiry is not strictly in the sense of a judicial proceeding, but it is more in administrative nature and, therefore, absence of an opportunity being given does not affect validity of the order.

4. The Preamble to the Constitution promises to secure to every citizen social and economic justice, equality of status and of opportunity assuring the dignity of the individual. The Scheduled Tribes are inhabitants of intractable terrain regions of the country, kept away from the main stream of national life and with their traditional (sic) and customary beliefs and prctices, they are largely governed by their own customary Code of Conduct regulated from time to time with their own rich cultural heritage and ethos. Scheduled Tribes are a nomadic class of citizens whose habitals are generally hilly regions or forests, and this results in their staying away from the main stream of the national life. The Constitution, therefore, enjoins to provide facilities and opportunities for development of their economic and educational standards. Though the social status certificates or caste certificates as they are generally called provide the basis for admission into educational institutions, and for getting benefits on reservations like entry into service earmarked for the persons belonging to Scheduled Castes and Scheduled Tribes, admission wrongly gained or appointments wrongly obtained on the basis of such certificates have the effect of depriving the genuine Scheduled Castes, Tribes or other backward candidates as enjoined in the Constitution of the benefits conferred on them by the Constitution. The genuine candidates are denied of the benefits for want of caste certificates. The Supreme Court took note of these aspects and in Kumari Madhuri Patil v. Additional Commissioner, Tribal Development, AIR 1995 SC 94, has stressed upon the desirability of a Screening Committee and for streamlining the procedure for issuance of a social status certificate. In the said case fifteen requirements have been indicated.

5. As was observed by the Supreme Court in N.E Hero v. Smt. Jahan Ara Jaipal Singh, AIR 1972 SC 1840, the moot question that has to be enquired into is whether the strict rule of endogamy of the Munda tribe has been deviated from and whether custom has sanctioned such deviation. With reference to the illustrious Book “Races and Cultures of India” by D.N Mazumdar, it was observed that the definition is found in the current literature on the subject as given in the Imperial Gazetter. A tribe is a collection of families bearing a common name, speaking a common diale, occupying or professing to occupy a common territory and is not usually endogamous though originally it might have been so. Endogamy is an essential feature of the tribe though inter-tribal marriages are breaking the limits of the endogamy. It was further stated in the Book that the importance of the blood bond or the inship group is forced to the background, the communal economy of the clan is superseded by individual desire for gain and property, money assumes an importance it seldom had before, and the ties of reciprocity and mutuality of obligation are re-oriented to suit new conditions. Tribal customs and practices which established social life lose their value and the choice of leader and of mate is guided by different considerations. It was further observed that the Munda tribe cannot be said to be immune from the above process of change in their social organisation. Changes in their belief, customs, traditions and practices have taken place under the influence of Hinduism, and Christianity, and on account of the impact of Western education, urbanisation, industrialisation and improved means of communication. The sense of individualism and lack of love for the traditional Code of Conduct and social taboos are stated to be apparent among the emerging urban-industrial oriented adivasi communities. It was indicated that the endogamy of the tribe is not sacred today, with the result that many marriages have taken place between the Hos and other tribes. Liasion between Diku men and Ho girls is increasing.

6. It has to be borne in mind that the broad and recognised features of the hierarchical social structure prevalent amongst the Hindus in that what might have been the origin of the Hindu castes and tribes in ancient times, gradually status came to be based on birth alone. A person who belonged by birth to a depressed caste or tribe would find it very difficult, if not impossible, to attain the status of a higher caste amongst the Hindus by virtue of his volition, education, culture and status.

7. Article 342(1) of the Constitution empowers the President to specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall, for the purposes of the Constitution, be deemed to be Scheduled Tribes in relation to the State or Union Territory as the case may be. In parts 1 to 12 of the schedule to the Order are specified the tribes or tribal communities or parts of or groups within the tribes or tribal communities, who are to be deemed to be Scheduled Tribes. The term ‘tribal community’ has a wider connotation than the expression ‘tribes’. A person who, according to the strict custom of a tribe, cannot be regarded as a member of that tribe may wall be regarded as a member of that tribal community.

8. The aforesaid aspects have not been considered by the Tahasildar. In the fitness of things, therefore, he should re-examine the matter keeping in view the guidelines indicated by the apex Court in Kumari Madhuri Patil's case (supra). The State is directed to forthwith take steps as directed by the apex Court in the said case. The petitioner shall be granted opportunity to place materials on record in support of his stance and if he so desires may cross-examine the witnesses already examined. The impugned order dated 10-12-1994 vide Annexure-8 is quashed, and the matter is remitted back to the Tahasildar for fresh consideration as directed above.

The writ application is allowed to the extent indicated above. No costs.

D.M Patnaik.:— 9. I agree.

Order accordingly.