Person Belonging To 'Teli' Caste Can't Be Denied OBC Reservation Merely For Being From Muslim Community: Rajasthan High Court

Rajasthan High Court has ruled that the caste “Teli” that had been included in the Central List of OBCs in the State of Rajasthan could include people irrespective of their religion, be it Hindus or Non-Hindus since the caste drew its name from traditional hereditary occupations whose members belonged to different religions. Subsequently, a circular was also issued by the Department of Justice and Social Welfare, dated 8/11/1994, that further clarified that one belonging to Teli caste, whether Hindu and Non-Hindu, fell within OBC category. After perusing the contentions, the Court accepted the submissions put forth by the petitioner, and further highlighted another notification issued by the Department of Justice and Social Welfare, dated 28/8/2009, that included “Teli” caste in the OBC category along with an explanation to the effect that, “all castes, which are known by the name of their respective traditional hereditary occupations and whose members follow different religions include all members of those castes, irrespective of whether they follow Hindu Religion or Islam or any other Religion”. 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.” Accordingly, the petition was allowed wherein the State was directed to grant employment to the petitioner if found eligible under OBC category based on his Teli caste, and also issued a general mandamus to all State Departments to not deny OBC reservation to all such Muslims who belonged to such caste appearing in the Gazette Notification of State.