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2007 DIGILAW 1027 (RAJ)

Arvind v. State of Rajasthan

2007-05-15

H.R.PANWAR

body2007
JUDGMENT 1. - By the instant writ petition under Arts. 226 and 227 of the Constitution of India, the petitioner seeks a direction to the respondents to issue him a caste certificate treating him to be a member of Scheduled Tribe. 2. Facts giving rise to the instant writ petition are that the petitioner submitted an application to respondent No.3 Tehsildar (Revenue), Bhadra on 05.08.2006 for issuance of a certificate for Scheduled Tribe claiming himself to be of "Dhanka" caste, which according to the petitioner falls within the list of Scheduled Tribes notified by the Slate. After considering the material available before respondent No.3, Tehsildar (Revenue), Bhadra by order Annex.2, dismissed the application filed by the petitioner stating therein that in view of the communication issued by the Chief Secretary, Government of Rajasthan, Jaipur No.10030-43 dated 25.11.2005, for the caste "Dhanka", the certificate for being a member of Scheduled Tribe caste can only be issued to the persons, who are residing within the territory of Tehsil Mount Abu, District Sirohi and the petitioner has not furnished any such certificate that he shifted from Tehsil Mount Abu to Bhadra, District Hanumangarh and, therefore, the application was dismissed. The petitioner moved to the District Collector, Hanumangrah. The District Collector, Hamungarh directed Tehsildar respondent No.3 to pass a fresh order in the light of the Government Circular date 16.08.1998 being F(18) R&P/Sa.Ka.Vi/98/865-866 issued by the Social Welfare Department, Government of Rajasthan. The petitioner has placed on record the certificate issued by the Tehsildar, Bhadra Annex.6 dated 04.12.1989 in favour of his father Ram Kumar S/o Amilal showing him to be a member of Scheduled Tribe. 3. A reply to the writ petition has been filed by the respondent State stating therein that the caste "Dhanka" falls within the category of Scheduled Caste and not Scheduled Tribe except in the area of Tehsil Mount Abu of District Sirohi. So far as "Dhanka" caste is concerned, it is within the territory of Mount Abu, District Sirohi has been notified in the Scheduled Tribe. The petitioner is not the resident of Mount Abu and he cannot take advantage of caste made available for the Scheduled Tribe in the Mount Abu area. State also came with a case that the petitioner's caste is "Dhanak" and not "Dhanka". The petitioner is not the resident of Mount Abu and he cannot take advantage of caste made available for the Scheduled Tribe in the Mount Abu area. State also came with a case that the petitioner's caste is "Dhanak" and not "Dhanka". The State has placed on record a copy of Jamabandi of village 5 NTR, "Nethrana", Tehsil Bhadra, District Hanumangrah for the year Samvat 2064 showing the caste of the petitioner as "Dhanak". So far as certificate issued in favour of petitioner's father showing him to be a member of Scheduled Tribe is concerned, it is contended that same has wrongly been issued and cancellation of which is in process. 4. I have heard learned counsel for the parties. I have given my thoughtful consideration to the rival submission made by the learned counsel for the parties. 5. It appears from the averments made in the reply as also in the writ petition and the documents, denying the certificate of the member of Scheduled Tribe, that a detailed enquiry has not been conducted by the Tehsildar (Revenue). Certificate of caste can only be issued on the basis of notification issued by the Slate Government notifying the particular caste to be member of Scheduled Caste or Scheduled Tribe. It appears that the petitioner claims to be a member of Scheduled Tribe. The State came with a case that the petitioner is a member of Scheduled Caste. This question can only be decided on the basis of notification and other relevant materials and evidence showing the petitioner to be of the caste of "Dhanka". The petitioner claims to be a member of caste of "Dhanka". Respondent State came with a case that the petitioner is "Dhanak". This question can be decided on holding proper inquiry and adduction of evidence by the parties. 6. Be that as it may, the certificate issued by the Tehsildar appears to have been without holding proper inquiry and, therefore, in my view, the matter deserves to be Remanded to Tehsildar (Revenue), Bhadra to pass a fresh and speaking order and ultimately if the petitioner is found to be a member of scheduled tribe, a certificate in his favour may be issued accordingly. 7. In this view of the matter, the order impugned is set aside. 7. In this view of the matter, the order impugned is set aside. The matter is remanded to Tehsildar (Revenue), Bhadra, District Hanumangrah to decide afresh keeping in view the caste notified by the Slate in the notification and other relevant materials, which the patties may produce before the Tehsildar. Parties to appear before the concerned Tehsildar on 09.06.2008. 8. With these observations, the writ petition is disposed of. There shall be no order as to costs.Writ Petition Dismissed of. *******