I express my inability to agree with Justice Ajay Rastogi. The status of a person whether he belongs to SC or ST category depends on caste which he belongs to by birth, and such status would remain unchanged and would be static. The status of a person whether he belongs to OBC-NCL/MBC-NCL/EWS would depend upon his/her social and economic status, and such status would keep on changing depending on his/her income and therefore would be dynamic. State Governments are issuing guidelines from time to time laying down eligibility criteria for deciding economic status of a person and methodology or procedure to be followed for issuing certificates to persons belonging to OBC-NCL/EWS categories.

So far as OBC-NCL category was concerned, Sakshi Arha produced her certificate after last date fixed for submission [31.08.2021] and also did not produce, in compliance, documents/affidavits in support. Therefore, certificate produced could not be said to be valid. 

– Hon’ble Justice Bela M. Trivedi, Sakshi Arha v. Rajasthan High Court, [Special Leave Petition (Civil) No. 16428 of 2022].

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Mah. Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra, 2023 SCC OnLine SC 326: “Kumari Madhuri Patil, (1994) 6 SCC 241 lays down, documents of pre-Constitution period showing caste have got highest probative value.”

– Hon’ble Justice B.R. Gavai, Priya Pramod Gajbe v. State of Maharashtra, [Civil Appeal No. 7117 of 2019] decided on 11.07.2023.

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The correct position of law is not in favour of Sakshi Arha and, relying on precedents and provisions of law, Civil Appeal No. 3957 of 2023 ought to be declared devoid of merit.

– Hon’ble Justices Abhay S. Oka, Ahsanuddin Amanullah and Augustine George Masih, Sakshi Arha v. Rajasthan High Court, [Civil Appeal No. 3957 of 2023] decided on 08.04.2025.