Amita Giri v. Lt. Governor & Anr

1. The petitioner, seeks a direction to the respondents to issue the Caste Certificate to the daughter of the petitioner.

2. Petitioner claims to be a member of the Nomadic Tribe "Gosavi" and is residing in Delhi.

3. The petitioner approached the respondents for issuance of a Caste Certificate for her daughter Ms. Agamya Khantwal Giri. 2017:DHC:3363 Petitioner applied for issuance of a Nomadic Tribe Certificate, however, the same has not been issued.

4. In support of her application, the petitioner had produced a Caste Certificate issued by the Deputy Collector, Nagpur in the name of the daughter of the petitioner confirming that she belongs to the Gosavi Caste/Tribe, which has been recognized as Nomadic Tribe at

┌──────────────────────────────────────────────────────────────────────────┐
│ Serial No.1 under Government Resolution No.CBC-1361/M dated              │
│ 21.11.1961. The petitioner has also produced a certificate in the name   │
│ of her husband Agam Sheshgiri Giri issued by the Deputy Collector        │
│ Nagpur.                                                                  │
└──────────────────────────────────────────────────────────────────────────┘

22. Caste Certificates have been issued by the Deputy Collector Nagpur, certifying that the daughter of the petitioner and her husband belong to the Gosavi Caste/Tribe, which has been recognized as a Nomadic Tribe.

23. Clearly, the petitioner satisfies the requirement, as stipulated in the Office Order dated 26.11.2015 for issuance of an “other State OBC Certificate”.

24. The fact that the Gosavi Caste is not notified as a Nomadic Tribe or as a Scheduled Castes/Scheduled Tribe for the State of Delhi may disentitle the petitioner for and SC/ST/OBC certificate for the State of Delhi but as the petitioner satisfies the requirement of the Office Order dated 26.11.2015, the petitioner is entitled to “other State OBC Certificate” from the respondents.

25. Reference may also be had to the Notification dated 08.04.1994 issued by Government of India, Ministry of Welfare. The Notification dated 08.04.1994 reads as under:- “VERY IMPORTANT CIRCULAR Govt. of India, Ministry of Welfare Letter No.12011/11/94-BCC(C) New Delhi dated 8 April 1994 To, The Chief Secretaries All State Governments and UT Administrations. Subject: Issuing of Other Backward Class Certificates to migrants from other States/UTs Sir, In continuation of the DOPT's letter of 36012/22/93-Estt. (SCT) dated 15 November, 1993, I am directed to say that it has been represented to this Department that persons belonging to OBCs who have migrated from one State to another for the purpose of employment, education, etc. experience great difficulty in obtaining caste certificates from the State from which they have migrated. In order to remove this difficulty, it has been decided that the prescribed authority of a State/U.T. Administration in terms of the DOPT letter No.36012/22/93-Estt.(SCT) dated 15th November, 1993 may issue the OBC Certificate to a person who has migrated from another State on the production of a genuine certificate issued to his father by the prescribed authority of the State of his father's origin except where the prescribed authority feels that a detailed enquiry is necessary through the State of origin before the issue of the Certificate.

2. The Certificate will be issued irrespective of whether the OBC candidate in question is included in the list of OBC pertaining to the State/U.T. to which the person has migrated. The facility does not alter the OBC status of the person in relation to the one or the other State/U.T. The OBC person on migration from the State/U.T. of his origin to another State/U.T. where his caste is not in the OBC list is entitled to the concessions/benefits admissible to the OBCs from the State of his origin and Union Government but not from the State where he has migrated.

3. It is requested that all competent authorities may be advised to issue the OBC Certificate after satisfying themselves of the correctness of the Certificate. The Lists of the Competent Authorities empowered as per DOPT's circular of 15 November 1993 may be followed strictly. No other authorities may be allowed to issue the OBC Certificates. Yours faithfully, Sd/… (M.S. Pandit) Joint Secretary to the Govt. of India.”

26. The Notification dated 08.04.1994 lays down that the prescribed Authority of a State/Union Territory may issue the OBC Certificate to a person, who has migrated from another State on production of a genuine Certificate issued to the father of the applicant. The Certificate is to be issued irrespective of whether the OBC candidate in question is included in the List of OBC pertaining to the State/Union Territory to which the person has migrated. The facility does not alter the OBC status of a person in relation to one or the other State/Union Territory.

27. The Office Order dated 26.11.2015 when read in the light of the Notification dated 08.04.1994 of the Government of India, Ministry of Welfare clearly establishes that the petitioner is entitled to the issuance of an “other State OBC Certificate” from the respondents.

28. In view of the above, the Writ Petition is allowed. The respondents are directed to issue an “other State OBC Certificate” to the daughter of the petitioner, i.e. Ms Agamya Khantwal Giri daughter of Shri Agam Sheshgiri Giri. There shall be no order as to costs.

29. I would also like to put on record a word of appreciation for the able assistance rendered by Mr. Ankur Chibber, learned Amicus Curiae. July 07, 2017 SANJEEV SACHDEVA, J ’Sn’