...Smt. A.K Padhi, J.:— Claiming to be a member of schedule caste the petitioner had filed an application for issuance of a caste certificate as envisaged under the Orissa Caste Certificate (for S.C & S.T) Rules, 1980 (hereinafter referred to as ‘the Rules’)- As the same was rejected by the competent authority on the ground that he belongs to “Niari” community, not included in the...” community which is one of the community of schedule caste in Orissa prescribed by Presidential Order.3. The learned counsel for the State, on the other hand, submits—(a...caste certificate which was issued to the father of the petitioner in the year 1986.9. Annexure-11 is the copy of the extract from Orissa District Gazetteer relating to Keonjhar district...

...was whether the caste Rajaka in Orissa is the same as Dhoba, which has been mentioned as a Scheduled Caste in Orissa in the Constitution (Scheduled Castes) Order, 1950. During the course of the...recognised as Scheduled Tribe or Scheduled Caste in the district. Consequently, certificates cannot be issued to the members belonging to the aforesaid castes or communities that they belong either to...Scheduled Tribe or Scheduled Caste. The petitioner further claims reservation of seats for persons belonging to Majhi community in the Lok Sabha and also in the State Legislative Assembly...

...‘Dewar’ community which is one of the communities of Scheduled Caste in Orissa by Presidential order.4. Learned counsel for the State raises the question of maintainability of the writ...the year 1977 of the department of Revenue of the Government of Orissa. In the same it has been stated :-“The Keutas or Kaibartas are fisherman by caste. They are divided into more...the Scheduled Caste list in relation to the State of Orissa. If Keuta or Kaibarta are eligible to get the benefits provided to the scheduled caste the Niaries or Radhies who are a section of the...

...Pati (1990) 2 SCC 162. In that case, admittedly Dhoba is one of the castes recognised by the President as Scheduled Caste in relation to the State of Orissa. Since...the President has notified Dhoba to be Scheduled Caste in relation to the State of Orissa, merely because he described himself to be a Rajaka in one of the sale deeds, his status as a Scheduled Caste...of Mundala which is a recognised Scheduled Caste notified by the President of India in exercise of power under Article 341(1) of the Constitution. He contested the said election on that basis...

...respectively were issued in their favour on 9.8.1996 The vendors of the Petitioner are Scheduled Caste persons as per the Presidential Notification, 1950 relating to the State of Orissa. Since both the...on 10.12.1999 In that case, the Petitioner had taken a plea that since both are Scheduled Caste persons, Section 23 of the Orissa Land Reforms Act (in short, “the Act”) was not applicable to the said...-list & photo identity card has been issued in his favour & he is enjoying all the benefits of Scheduled Caste in the State of Orissa. However, Opp. Parties 1 & 2 did not accept the plea of the Petitioner...

...in force for Orissa by the date of election. Opposite party No. 2 examined herself and one witness in support of her case along with Exts. A and B. As already noted, Ext. B is the Caste Certificate...Narayan Behera v. State of Orissa in Bhaiya Ram Munda v. Anirudh Patar, (1970) 2 SCC 825 : AIR 1971 SC 2533); and ……”10. It may be seen, from the above quoted passage that the amendment was on the basis of directives of the High Court of Orissa and not because of inclusion of synonyms of ‘Dewar’ caste. In...)11. The directives in Narayan Behera's case was, therefore, to delete ‘Dewar’ and the equivalent term ‘Dhibara’, because there is no caste known as ‘Dewar’ in the State of Orissa and...

...Orissa) and desired his service record to be corrected. In view of the circular of the Government relating to issuance of caste certificate, the Port authorities however made a reference to the...Dhoba is one of the castes recognised by the President as Scheduled Caste in rela-tion to the State of Orissa. Since the appellant therein claimed the status as a Rajaka in one of the sale deeds, it was...sought to deny him the benefits conferred on Scheduled Castes. This Court had held that since the President has notified Dhoba to be Scheduled Caste in relation to the State of Orissa, merely because...

...village of rayaghad taluk in orissa, who belongs to kondakapu community and therefore, the 3rd defendant became a member of kondakapu caste and so, his children get the benefits of kondakapu caste and...particular caste in the social strata. (18) The learned government pleader has pointed out that the third defendant who is the father of the plaintiffs though was adopted by a person of kondakapu caste of hat - seshikhal village in koraput district of orissa state...that case, the petitioner, who is a resident of orissa, belongs to kondakapu community which is not a scheduled tribe in orissa state. He claimed that he belongs to scheduled tribe on the ground that that caste is...

...found that the respondent did not belong to the “Kandha” tribe. His caste was “Pano”, which is a Scheduled Caste in the State of Orissa. The State-level Scrutiny Committee directed cancellation of...the posts of Farash and Peon. On the basis of a caste certificate filed by the respondent in the Employment Exchange, he was sponsored as a candidate belonging to a Scheduled Tribe community (Kandha...the caste certificate issued in favour of the respondent and also recommended initiation of criminal prosecution against him. The Committee further requested the disciplinary authority to take...

...Orissa. The appellant belongs to a Scheduled Caste. He was employed as Typist-cum-Despatcher in the office of the Principal Secretariat Institute, Bhubaneswar, Orissa. The matter relates to the promotion...arises for consideration in this appeal relates to the applicability of the carry-forward rule in relation to the post reserved for Scheduled Caste candidates in government service in the State of...to the post of Head Typist. One post of Head Typist which was reserved for Scheduled Caste candidate as per the roster fell vacant in the year 1982. Since no Scheduled Caste candidate was available, a...

...” which is the caste of the vendors as described in the sale deeds not being a caste or tribe referable to any of the entries notified in the Presidential Order for Orissa, it was not open to the...or tribe for Orissa, In the Constitution (Scheduled Castes) Order, 1950, in Part-XIII for Orissa 93 entries are there. The caste “Cada” or “Mudi” is not included therein...immovable Property (By Scheduled Tribes) Regulations, 1956 (Orissa Regulation 2 of 1956) (hereinafter called the “Regulations”) as well as the order of the Additional District Magistrate in appeal...

...rejected the contention that the vendors are not Scheduled Caste persons and also recorded the finding that the lands in question could be governed by the Orissa Land Reforms Act notwithstanding the...and the said land was sold by a registered sale deed dated 24-6-1966, in favour of non-Scheduled Caste persons by persons alleged to be belonging to the Scheduled Castes. Respondent 1 who is a co...the Sub-Divisional Officer for fresh disposal after giving opportunities to both parties to lead evidence, if they are so advised. It is this order of the Orissa High Court which is being challenged in...

...contained in Section 22 of the Orissa Land Reforms Act, 1960. Respondent 2 filed a caste certificate of the Additional Tehsildar, Betanoti wherein respondent 2 was shown as belonging to ‘Dhoba’ by...a ‘Dhoba’. The certificate given by the Addl. Tehsildar, Betanoti and the entry in the R.O.R confirm the assertion of the petitioner that he is a Dhoba by caste. In the circumstances, the petitioner must be held to be a SC person and for that matter, his brothers and mother are also the members of a SC. According to Section 22 of the Orissa Land...belonging to ‘Dhoba’ Community, the irresistible conclusion that follows is the respondents-transferors belong to ‘Dhoba’ caste which is one of the Scheduled Castes in the State of Orissa...

..., to grant the certificate. On query from Court he submits, the application was rejected by undated order saying that applicant's father's caste status is subjudice in the Hon'ble High Court of Orissa...constituted proceeding under the provisions of the Orissa Caste Certificate for S.C. & S.T. Rules, 1980 in the continuing as Chairman of the Panchayat Samiti. Undisputedly... Page 1 of 5 IN THE HIGH COURT OF ORISSA AT CUTTACK...

....***It is therefore recommended that Kuli should neither be treated as Scheduled Caste nor as Scheduled Tribe in Orissa. However they should be provided with all the benefits by the Govt. as an economically backward class.”(emphasis supplied)23. In a communication sent to the Government in 1979, it was mentioned that the Census of 1971 distinguishes the “Kuli” caste from..., dealing with the State of Odisha, it has been observed as follows:“… In case of Orissa, the Kuli community which was earlier declared as Scheduled Caste in Sambalpur District...(formerly known as “Orissa”) and the intervener is that since in the Scheduled Castes and the Scheduled Tribes Order, the tribe which has been declared to be a Scheduled Tribe is “Kulis”, the members of the...

...as a Scheduled Caste for the State of Orissa. Relying on a decision of this Court in OJC No. 247 of 1978: 49(1980) CLT 47 :Narayan Behera v. State of...Orissa, the authorities went to consider whether the caste 'Keuta' can be considered to be synonymous to or a sub-caste of the caste 'Dewar' which was included in the Presidential Order as Scheduled...15.12.1978. The claim of the Petitioner was that they belonged to 'Keuta' caste which is a Scheduled Caste within the Presidential Order for the State of Orissa. So far as the disputed plot No. 378 is...

...district of Nadia, West Bengal showing the petitioner as belonging to “Namasudra” caste. He was however not admitted and was directed to obtain a caste certificate from an authority in Orissa by 10th Feb., 1988. The petitioner obtained another caste certificate...was a scheduled caste belonging to the State of West Bengal, he was not entitled to be admitted against a seat reserved for scheduled castes in Orissa. Since his repeated requests to admit him failed to.../tribe candidates belonging to other States are not eligible to benefit of education and employment in the State of Orissa even on production of prescribed caste certificate. It is thus urged by the...

...stating that he belongs to one of the Scheduled Castes described in the Presidential Order applicable to the State of Orissa. It is however, admitted that mention of Scheduled Caste in the application was a...D.P Mohapatra, J.:— The petitioner, a member of the ‘Kuli’ community in the district of Sambalpur, applied to the Tahasildar, Attabira (opposite party no. 2) for a caste certificate...State of Orissa through the Secretary, Tribal Welfare Department, Union of India through the Secretary, Ministry of Home Affairs and Commissioner for Scheduled Caste and Scheduled Tribe, New Delhi are...

...The petitioners claim that they belong to Moger Caste which is classified as a Scheduled Caste in the List. In support of their claim, they have produced transfer certificates. One more...transfer certificate issued by Canara College Societys (Regd.) where one of the petitioners has completed B A degree and submitted in both the certificates, caste of the petitioner No.2 has been...that could be challenged. In the instant case what has been issued is a notice by the Tahsildar only directing them to appear with all materials in order to examine whether they belong to Moger caste...

.... The note under para 1.2 of the Prospectus defined “inservice doctor” as “one who is in the employment of the Government of Orissa, Government of Orissa Public Sector Undertakings and other...down that in case of non-availability of candidates for any of the reserved seats, the same will be filled up by general candidates. As against the 23 seats reserved for Scheduled Caste and Scheduled...undertakings. Three of the candidates who were in-service doctors of Government of Orissa challenged the diversion of 8 out of the 13 reserved seats to Government of India and their public sector undertakings by...