ORAL JUDGMENT (per S.A.Bobde, J.)
1. Rule, returnable forthwith. Heard by consent.
2. The petitioner has challenged the order of the Caste Scrutiny
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Committee dated 15/12/2009 by which the Committee has rejected the petitioner's claim that he belongs to the 'Lohar Community' which is notified as 'Nomadic Tribe' by Government Resolution dated 15/6/2006.
3. The petitioner was granted a caste certificate that he belongs to the 'Gadi Lohar' community which is recognized as a 'Nomadic Tribe' under the Government Resolution dated 21/11/1961. In the course of enquiry, the Committee found that the petitioner had produced evidence of belonging to the 'Gadi Lohar' community only in terms of the caste certificate dated 13/7/1989 and that there was no evidence that the petitioner belongs to the 'Gadi Lohar' community before 21/11/1961, which was the date of the notification of the Community as a Nomadic Tribe. The petitioner had produced the caste certificate of his father which mentioned that he belongs to the 'Lohar' community. The Lohar community was included as a Nomadic Tribe on 15/6/2006. Prior to that it was treated as a Other Backward Class. The Caste Scrutiny committee proceeded to reject the petitioner's claim that he belongs to the 'Gadi Lohar' community on the ground that he had not produced the evidence prior to 1961 and refused to consider his fathers certificate as belonging to the Lohar community for the reason that the petitioner had not claimed that he belongs to the Lohar community at all but the petitioner's claim was only in respect of the Gadi Lohar community.
4. Shri Sudame, learned counsel for petitioner, submitted that now by issuance of the Government Resolution dated 23/6/2008 there is no difference amongst Lohar and its other categories such as 'Ghisadi Lohar'
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and 'Gadi Lohar', which are treated as sub-castes of the main caste 'Lohar' and the Government has taken a policy decision that a candidate belonging to any of the categories of Lohar belongs to the Lohar community with retrospective effect. Accordingly, it is the contention of the learned counsel for petitioner that the petitioner having established that he was given the certificate of belonging to the Gadi Lohar community and further having established that his father had a certificate that he belongs to the Lohar community, the petitioner ought to have been granted a status of 'Nomadic Tribe'. In particular, it was submitted on behalf of the petitioner that the requirement of belonging to the category of Lohar before 1961 has also been complied with by production of the caste certificate i.e. father belonging to the Lohar community. Now, in ordinary circumstances, it would have been difficult for us to accept the contention that the petitioner was entitled to the validation of the caste certificate as a 'Gadi Lohar', which was notified as a 'Nomadic Tribe', on the ground that petitioner's father had a certificate that he belongs to the Lohar community prior to 1961. However, it appears that the Government has relied on the 13thReport of the State Backward Class Commission at page No.36, para 2 and 6 and come to the conclusion that the following matters should also be considered -
"1. The linguistic and original difference is due to variety of social changes.
2. There is a tendency to omit sub caste and sub names. Therefore, Lohar main caste is mentioned. This shows that there is only one caste.
3. Those students/candidates who have obtained validity certificate before the issuance of Govt. Resolution dated 1/3/2006,
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those students/candidates should attach new caste certificate of Lohar N.T. (B). Similarly, those students/candidates who have been issued OBC Lohar Certificates, should submit those certificates in the office of Dy. Collector and they should be issued new N.T. (B) certificate as per G.R. dated 1/3/2006."
5. Thereafter, Government has issued Government Resolution dated 23/6/2009 which reads as follows -
"Govt. Circular dated 15/6/2006 under reference mentions that those students/candidates of Lohar caste in whose School Leaving Certificate Gadi Lohar/Panchal Lohar entries are found, and in documents pertaining to entries of caste of such students/candidates or their parents or blood relatives if entries of Hindu Lohar/Lohar are found then they should be given Lohar N.T. caste certificate. The concerned caste certificate scrutiny committee should take into consideration the above instructions while verifying caste certificate candidates who have obtained Lohar N.T. caste certificate. Similarly, the corrigendum letter dated 29/3/3007 mentions that Lohar is main caste and Ghisadi Lohar/Gadi Lohar and other sub castes are sub castes of Lohar main caste. The linguistic and regional difference in the caste is due to various social changes and there is a tendency to refer Lohar main caste. This shows that there is only one original caste. In spite of above explanation, it has been brought to the notice of State Govt. that the students/candidates belonging to Lohar caste or its sub castes are experiencing difficulty in obtaining caste validity certificate. Similarly, Lohar main caste and and its sub castes have been included in the list of N.T. vide G.R./Social Justice, Cultural Affairs and Special Assistance
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Department No.CBC-14/2005/P.K.82/MAVAK-5 dated 1/3/2006. Therefore, there was confusion among competent authorities and caste scrutiny committee whether the students/candidates belonging to above caste vide G.R. dated 1/3/2006 should be issued caste certificate/validity certificate from 1/3/2006 or from retrospective effect, and in order to remove the confusion following directions are issued :
1. It is clarified that as per 13threport of State Backward Class Commission Lohar/Gadi Lohar/Ghisadi Lohar and other synonymous sub castes are one and the same. Therefore, all these castes are one since beginning. Lohar and its synonymous sub castes are included int he list of N.Ts. Therefore, there is no difference in those castes. All these castes are one since beginning which is a social fact, situation and after considering the above, there should be no objection to issue caste certificate/caste validity certificate to the students/candidates belonging to Lohar caste and its sub caste.
2. The above G.R. is available on the web site of Govt. of Maharashtra and its computer code is 20080610142558001."
By the order and in the name of Governor of Maharashtra. Sd/-
(J.N.Rathod)
Dy. Secretary
Govt. of Maharashtra."
6 Two things emerged from the aforesaid Government Resolution. Firstly, that the Gadi Lohar and Ghisadi Lohar are sub-castes of the Lohar community and they are one and the same for the purpose of receiving the
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benefits of reservation. Secondly, that they should be treated as one since beginning i.e. retrospectively. The aforesaid Government Resolution, which is based on the recognition of the 13thReport of the State Backward Class Commission, is issued in order to wipe out the insignificant differences of various sub-castes of the Lohar community which is one, being branches of the Lohar community for the purpose of receiving the benefits of reservation. Thus, for the purpose of issuing a caste certificate, the Government has directed that differences between the sub-castes should be ignored and the caste should be treated as one from the beginning. The result of this Government Resolution is that if a candidate has produced evidence that he belongs to one of the sub-castes of Lohar and there is evidence that another member of his family belongs to another sub-caste or the main caste i.e. 'Lohar', there should be no difficulty in validating such a candidate's claim as belonging to the Lohar community. In this view of the matter, we are of the view that the petitioner is entitled to have his caste claim as 'Gadi Lohar'. In these peculiar facts and circumstances of the case, the impugned order of the Caste Scrutiny Committee is set aside and the petitioner shall be entitled to have his caste claim validated as Gadi Lohar. Rule is made absolute in above terms.
Writ petition stands disposed of.
JUDGE JUDGE
Tambaskar.