Judgment Intelligence
Petition AllowedSattar Khan v. Zila Parishad Dausha & Anr.
2025:RJ-JP:5134
S.B. Civil Writ Petition No. 1496/2009
- Court
- Rajasthan High Court
- Date of Decision
- 5 February 2025
- Bench
- Justice Anoop Kumar Dhand
- Relevant Acts & Sections
- Rajasthan Gazette notification of 06.08.1994; Department of Justice and Social Welfare circular of 08.11.1994 and notification of 28.08.2009; Resolution No. 12011/4/2002-BCC of 19.06.2003
Final Outcome
Petition allowed; the order of 20.01.2009 was quashed (para 10). On the petitioner's application within one month, the Zila Parishad must decide within two months and, if the claim is valid, restore his appointment with consequential benefits (paras 11-12). A general mandamus was issued to all State departments (para 14).
Key holdings
- The Rajasthan notifications place the Teli caste in the OBC category whether the person is Hindu or non-Hindu (paras 6-7).
- A caste known by a traditional hereditary occupation includes all its members, irrespective of religion (paras 7, 9).
- Ending a contractual OBC engagement only because the holder is Muslim-Teli was contrary to the 28.08.2009 notification and was quashed (paras 9-10).
- The claim must be decided afresh on an application; if valid, the appointment is restored with consequential benefits (para 11).
- A general mandamus bars all Rajasthan Government departments from denying OBC reservation to Muslim candidates of castes in the State gazette notification (para 14).
Brief Facts
Under an advertisement issued by the respondents, the petitioner was engaged on a contractual basis as Employment Assistant under the NREGA Scheme against a post reserved for OBC candidates (para 2). The Tehsildar, Mahua had issued him an OBC certificate recording that he belongs to the Teli caste of the Muslim community (para 5). By an order of 20.01.2009 his engagement was discontinued on the ground that Muslim-Teli does not fall within the OBC category (para 1). He relied on the State's gazette notification and a circular of 08.11.1994 (para 2). The State pointed to a recent list of the Union Ministry of Minority Affairs that did not place Muslim-Teli in the OBC category (para 3).
Court's Findings
The Court found that the Rajasthan Gazette notification of 06.08.1994 places the caste ‘Teli’ in the OBC category, and that the Department of Justice and Social Welfare's circular of 08.11.1994 applies it irrespective of whether the person is Hindu or non-Hindu (para 6). The Department's notification of 28.08.2009 again included Teli in the OBC category, with an explanation that castes known by a traditional hereditary occupation include all their members, whether they follow the Hindu religion, Islam or any other religion, as clarified by Resolution No. 12011/4/2002-BCC of 19.06.2003 (paras 7, 9). The Court noted that Teli is a caste traditionally engaged in pressing oil whose members may be Hindu or Muslim (para 8), and that Teli is included in the Central List of OBCs for Rajasthan at Entry No. 51 (para 9). Rejecting the petitioner's claim only because he belongs to the Muslim community was contrary to the 2009 notification and not valid (para 9). Finding no justification for the respondents' stand, the Court held that they were required to consider the notification and quashed the impugned order (para 10).
Legal Principle
Where a State notification includes a caste in the OBC category by its traditional hereditary occupation, all members of that caste are covered, whatever their religion. A Muslim member of the Teli caste cannot be denied OBC status or OBC reservation in State employment only because he is Muslim (paras 7, 9-10, 14).
