Orissa High Court Asks Collector To Reconsider Appeal For Issuance Of ST Certificate On Basis Of Mother’s Tribe

Case: Jayanti Naik v. State of Odisha & Ors.

Coram: Justice Arindam Sinha

Case No.: W.P.(C) No. 37095 of 2022

Court Observation: “The appellate authority thereafter went on to take view that the Tahsildar had properly followed the procedures as per rules and regulations, while rejecting the application of appellant. Assertion of petitioner on facts regarding bringing up of her son in the tribal community was not even looked at.”

“…the legal position that seems to emerge is that in an inter-caste marriage or a marriage between a tribal and a non-tribal the determination of the caste of the offspring is essentially a question of fact to be decided on the basis of the facts adduced in each case… In an inter- caste marriage or a marriage between a tribal and a non-tribal there may be a presumption that the child has the caste of the father… But by no means the presumption is conclusive or irrebuttable and it is open to the child of such marriage to lead evidence to show that he/she was brought up by the mother who belonged to the scheduled caste/scheduled tribe.”

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Orissa High Court Asks Collector To Reconsider