Legal Question in Civil Litigation in India

Is the section of a particular community is also entitled to central OBC reservation even if the name of the section of that particular community do not appear in the central OBC List

1. In the central list of OBC for the state of Madhya Pradesh, entry no. 36 is for Kurmar/ Kurami/ Kurmi, Kunbi, Kurmi (Patidar, Kulami, Kulmi, Kulambi, Gavel/Gabhel), Kurmavanshi, Chandrakar, Chandra Nahu, Kumbhi, Gavel (Gamhel), Sirvi.

As per NCBC Advice no. 15 Madhya Pradesh/98 dated 24.03.1998, Patidar, Kulami, Kulmi, Kulambi, Gavel/ Gabhel included as Synonym of Kurmi/ Kunbi. But our caste (Anjana) that is a section of Kunbi/ Patidar do not appear in the central list of OBC for Madhya Pradesh.

2.As per the Journal of Asiatic society of Bombay (Volume X, 1871-1874 edited by the secretaries) Page 109 of the book states that "The Kunbis, who form the bulk of the agricultural classes, are divided into three branches-Lewa, Kudwa and Anjana."

In Madhya Pradesh Lewa and Kudwa people use the surname Kulmi/ Patidar while Anjana use the surname Anjana/ Patel. Also as per Madhya Pradesh distict Gazetters (District Gazetter department Madhya Pradesh, Bhopal) Page 144 states that, "the Kulmi, Kunbi, and kurmi appear to be variations of one and the same ame engaged in agriculture. The Anjana found in the district are also a section of Kulmis.."

3. At time of Inclusion of Patidar/ Kulmi in central list, The documented evidence use was the book Tribes and caste of Bombay that states that Patidar are a synonym of Kanbi. The same book further states that Anjana are a section of Kanbis. Anjana community was left at the time of this inclusion while the other two sections (Kadwa and Lewa) are enjoying the reservation at central level.

4. On further search, I found that Anjana community was included as a separate entry (entry no. 82) in Madhya Pradesh state OBC list and was not included with communities at entry no. 39 which included Kurmar/ Kurami/Kurmi, Kunbi, Kurmi (Patidar, Kulami, Kulmi, Kulambi, Gavel-Gabhel), Kurmavanshi, Chandrakarr, Chandranahu, Kumbi, Gavel (Gamhel), Sirvi. The facts mentioned (as mentioned in district Gazetter) were not considered by state OBC commision during inclusion of Anjana community in state OBC list through Resolution No. 8-19-25-4 dated 30/08/1995.

5. In backward class list for the state f Rajasthan, entry no. 28 is Kanbi, Kalbi, Patel, Patidar Anjana, Dangi, Patel, Kulmi. Also in Gujarat state OBC list, entry no. 87 is "Chaudhari of Hindu Anjana, Chaudhari or Aanjan, Aanjana Patel, Aanjan Patidar, Aanjana desai, Aanjana Kanbi, Chaudhari Patel, Chaudhari Patidar (where they are not ST)." In Madhya Pradesh, if Patidar are included in central OBC list, then why Anjana are not enjoying such benefits which are also a section of patidar.

6. As per the book, "Traditional India: structure & change; Milton B Singer' American Folklore Society; 1959; Anthropology', Page 268 of the book ststes that "The Patidars are next to Kolis in population in Gujarat. They are traditionally known as real cultivators of Gujarat. Their former caste name was Kanbi. There are three groups among them-Lewa, Kadva and Anjana."

Patidar/ Kulmi in Masdya pradesh gets included in central OBC list on basis of their previous caste name i.e. Kanbi and their one section Anjana was not included in the list.

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