BHAT BRAHMAN KALYAN SAMITI Vs. STATE OF H.P.

JUDGEMENT

(1.) In these three writ petitions filed under Articles 226 and 227 of the Constitution, common questions of fact and law have been raised for decision of this Court. It is, therefore, appropriate to take all the petitions for consideration and decide them by a common judgment.

(2.) Before adverting to individual petition, it may be necessary to state the facts of CWP No. 905 of 2000 filed by Bhat Brahman Kalyan Samiti, District Sirmaur through its President Shri K.R. Bhardwaj. The petitioner is a Society registered under the Societies Registration Act, 1860. The Society was formed in District Sirmaur with aims and objects stated in para -2 of the writ petition. The petitioner -society stated that in Sirmaur District Bhats who are basically Brahmans, constitute a recognizable caste. They have abandoned the essential religious rite of Brahmans and now they are also undertaking agricultural activities which otherwise were not taken by Brahmans in the olden days. There are more than 50 Gotras of Bhats which include Bhardwaj, Sehal, Panwar, Atri, Kashyap, Nagarvedi etc. etc., as reflected in the revenue records marked Annexures P -ll, P -12, P -13, P -14, P -15 and P -16. At different times, different entries were incorporated relating to the caste and Gotras of persons belonging to the Bhat community. At some places the entries are reflected as Bhat alone and at other places these are incorporated as Bhat Brahman or Bhat Brahman Bhardwaj or Bhat -Brahman and appendage of his Gotra. Basically, all such persons belong to caste Bhat and further described by different appendages as per their Gotras.

(3.) The petitioner also stated that in view of the social status of the caste Bhat in Himachal Pradesh, the State in its wisdom deemed it proper to declare and include the said caste in the category of Other Backward Classes (OBC) as notified from time to time by the State Government. The State Government has given benefit of reservation to OBCs in civil employment, grant of stipends and other concessions. Even in Panchayat Elections, certain Wards at the levels of Gram Panchayat, Panchayat Samiti and Zila Parishad are reserved for the persons belonging to OBC. Similarly, in Education Department also certain benefits are given to OBC candidates. The Education Department issued notification dated 21.11.1996 marked Annexure P -5, whereby free books are to be given to the students from Class 1 to 10 in Government Schools belonging to OBC category. The State Government have issued notification dated 4.10.1999 placed on record (Annexure P -6), regarding validity period of two years for Creamy Layer Certificate issued in respect of OBC categories. The notification contemplates that at the time of recruitment, the OBC candidate is required to submit an affidavit stating that his status has not been changed and he is not excluded from the category of OBC on account of being covered under Creamy Layer. The candidates who are declared as OBCs under the various notifications issued by the State (respondent No. 1) are entitled to apply for the civil posts advertised in different Government Departments. The selection shall be through Public Service Commission or Staff Selection Commission or H.P. Subordinate Services Board. Keeping in view the fact that the caste Bhat or Bhata, Darpi was included in the notification (Annexure P -4/2) at serial No. 10 Part -A, the competent authorities of State Government issued t)BC certificates to the candidates who applied for the same belonging to Bhat caste. However, a clarificatory letter dated -6.2:1999 (Annexure P -7) was addressed by the Additional Secretary (Welfare) to the Government of H.P. to the Deputy Commissioner, Sirmaur at Nahan (respondent No. 2) whereby it was pointed out that the caste Bhat -Brahman -Bhardwaj, Bhat -Brahman -Sehal and Bhat -Brahman -Keshav have not been included in the notification of OBC and as such they cannot be issued OBC certificates. In pursuance of the said order dated 6.2.1999, the operation of one OBC certificate No. 3 dated 7.11.1998 issued in favour of one Madan Gopal son of Krishan Dutt resident of village Bagrara, Tehsil Pachhad District Sirmour was suspended by the Additional District Magistrate, Nahan till further orders vide notification Annexure P -8. According to the petitioners belief there are unwritten instructions issued to the subordinate authorities not to issue OBC certificate in favour of such Bhats with whom there is any other appendage other than Brahmin. The effect of letters dated 6.2.1999 and 23.2.1999 (Annexures P -7 and P -8) was that all such candidates who were entitled to OBC certificate by virtue of their caste of Bhat and who were mentioned in the revenue records by different descriptions like Bhat -Brahman or Bhat -Brahman with some appendage of Gotra, were not issued OBC certificates or the certificates already issued were not renewed. Consequently, the net effect of such denial by the concerned authorities was direct attack on the right of consideration of such persons for civil employment under OBC category. Similarly, the non -issuance of OBC certificates or non -renewal thereof also affected such persons for the grant of other benefits which were admissible to other categories where such confusion created by issuance of letter dated 6.2.1999 (Annexure P -7) was not applied. The petitioner submitted that irrespective of appendage Brahman the caste Bhat itself was sufficient to entitle a person to claim OBC certificate and even if such appendage is added the same shall not disentitle him from claiming the OBC certificate. The logical conclusion which can be drawn from said assertion, according to the petitioner is that the subsequent appendage to the main caste cannot alter the main characteristic of the caste Bhat. Even if further appendage in form of Gotras is added to such caste the situation will remain the same and it was primarily on the basis of the caste that the competent authority had issued OBC certificate in favour of Bhats irrespective of appendages added to the main caste in the form of Brahman or the name of their Gotra.