Rajasthan High Court: In a writ petition challenging the discontinuation of employment under NREGA due to OBC status dispute, a single-judge bench of Anoop Kumar Dhand, J., quashed the impugned order dated 20-01-2009 which discontinued the petitioner’s employment and reaffirmed that caste-based OBC reservations should be applied uniformly irrespective of religious identity, provided the caste is recognized in official notifications.
In the instant matter, the petitioner was employed on a contractual basis as an Employment Assistant under the NREGA scheme in the OBC reserved category. His employment was discontinued via an impugned order dated 20-01-2009 on the grounds that he belongs to the Teli caste in the Muslim Community, which, as per the authorities, does not fall under the Other Backward Class (OBC) category.
The petitioner contended that he is a Muslim-Teli, which is recognised as OBC in the State of Rajasthan. It was stated that he had obtained a valid OBC certificate from the Tehsildar, Mahua, District Dausa. It was contended that the Rajasthan Gazette Notification dated 06-08-1994 and the Department of Justice & Social Welfare Circular dated 08-11-1994 confirms that the Teli caste, irrespective of religion, falls under the OBC category. It was contended that a subsequent notification dated 28-08-2009 reaffirmed that castes named after traditional hereditary occupations (including Teli) are recognized as OBC, irrespective of religious affiliation.
The State-respondents opposed the petition and argued that the Muslim-Teli caste is not included in the recent list issued by the Ministry of Minority Affairs, Government of India, and therefore, the petitioner is not entitled to OBC benefits. It was contended that decision to discontinue the petitioner’s employment was based on the absence of his caste in the official OBC list.
The main issue in hand was whether the petitioner, as a Muslim-Teli, was qualified for OBC reservation in Rajasthan and whether the State-respondents were justified in discontinuing his employment based on caste classification.
The Court examined the official documents presented by the petitioner, including OBC certificate issued by Tehsildar Mahua, Rajasthan Gazette Notification dated 06-08-1994 and Circular dated 08-11-1994, which explicitly classify the Teli caste as OBC, irrespective of religious identity and Notification dated 28-08-2009 and Resolution No. 12011/4/2002-BCC dated 19-06-2003, which reaffirmed that OBC status extends to all persons from traditionally recognized OBC castes, regardless of religion.
The Court noted that Teli is a caste historically engaged in oil pressing and that both Hindu-Teli and Muslim-Teli belong to the same occupational and social category. The Court noted that Teli Caste/Community has been included in the Central List of OBCs in the State of Rajasthan at Entry No.51.
The Court held that the State-respondents failed to consider the above-mentioned notifications before issuing the impugned order, thereby leading to an erroneous denial of OBC benefits to the petitioner.
“The claim of the petitioner that being from Teli Caste, he belongs to OBC Category is invalidated only because he belongs to Muslim Community. Such action of the respondents is not valid being contrary to the Notification dated 28.08.2009 issued by the Department of Justice & Social Welfare. It has included all the persons who are ‘Teli’ by their traditional hereditary occupations irrespective of the fact that they follow Hindu, Islam or any other Religion and this fact has further been clarified vide Resolution No.12011/4/2002-BCC dated 19.06.2003.”
The Court quashed the impugned order dated 20-01-2009 as it was based on an incorrect interpretation of caste classification. The Court directed —
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The petitioner to submit an application along with relevant documents to respondent No.1 within one month.
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Respondent 1 to decide on the petitioner’s application within two months. If found eligible, his employment to be restored with consequential benefits.
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All departments of the Government of Rajasthan, through general mandamus, to not deny OBC reservation benefits to Muslim candidates belonging to castes recognized under the Rajasthan Gazette Notification.
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To send a copy of the order to the Chief Secretary & Principal Secretary, Department of Justice & Social Welfare, Government of Rajasthan for compliance.
[Sattar Khan v. Zila Parishad Dausha, 2025 SCC OnLine Raj 310, Decided on 05-02-2025]
Advocates who appeared in this case :
Mr. D. P. Sharma, Counsel for the Petitioner
Mr. Surendra Singh Naruka, AAG with Mr. Kesar Singh Shekhawat, AGC, Counsel for the Respondents
