Akhil Bhartiya Dabgar Mahasabha, Jharkhand Through Its Secretary v. Union Of India Through Secretary, Govt Of India
2018-08-03
ANUBHA RAWAT CHOUDHARY
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JUDGMENT Anubha Rawat Choudhary, J. - Heard Mr. Anil Kumar Sinha, counsel appearing for the petitioner. 2. This writ petition has been filed for the following reliefs: "For issuance of a writ of or a writ in the nature of Mandamus, commanding upon the respondents to substitute the "Dabgar" in place of "Dabajar" in the FIFTH SCHEDULE PART VIA- Jharkhand at Sl. No. 7 in the Bihar Reorganisation Act 2000, as per Bihar Reorganisation (Removal of Difficulties) Order, 2003 dated 19.08.2003, published in Part- III, Section 3 - Sub-Section (i) of the Gazette of India dated 21.08.2003." 3. Counsel for the petitioner submits that although the necessary steps for substituting the word "Dabajar" and replacing it by the word "Dabgar" has already been taken for its substitution in Fifth Schedule Part- VIA of Bihar Reorganisation Act, 2000 as per Bihar Reorgasization (Removal of Difficulties) Order, 2003 dated 19.08.2003, but the authorities are not giving effect to it on account of certain misprinting in books published by private publishers. 4. Counsel for the petitioner also submits that a counteraffidavit has been filed by the Under Secretary of the Welfare Department, State of Jharkhand wherein the issuance of the aforesaid Bihar Reorganisation (Removal of Difficulties) Order, 2003 dated 19.08.2003 has not been disputed. He submits that this writ petition has been filed so that the respondents may be directed to act as per the aforesaid order dated 19.08.2003. 5. Counsel for the respondents Mr. Atanu Banerjee submits that there is no dispute that Bihar Reorganisation (Removal of Difficulties) Order, 2003 dated 19.08.2003 has been issued and it is still effective, but it appears that on account of certain wrong printing by the private publishers, there is some confusion. The petitioner has already filed a representation dated 07.01.2014 before the Principal Secretary, Personnel, Administrative Reforms & Rajbhasha Department, Government of Jharkhand and they are the appropriate authority who may take appropriate steps to ensure that there may be no confusion in the mind of the authorities in connection with entitlement of the persons belonging to the community namely, Dabgar and accordingly he submits that appropriate directions be issued. 6.
6. Considering the aforesaid submissions, facts and circumstances of this case and considering the materials available on record, this Court finds that the provisions of Bihar Reorganisation Act, 2000 was subsequently followed by Bihar Reorganisation (Removal of Difficulties) Order, 2003 dated 19.08.2003 published in Part-II, Section- 3- Sub-Section (i) of the Gazette of India, extraordinary dated 21.08.2003, but, it appears that the same having not been incorporated in the books of private publishers, there is some confusion amongst the various authorities who are implementing the said provision. 7. The relevant provisions of the aforesaid Gazette Notification dated 21.08.2003 is quoted herein below for ready reference:- "NOTIFICATION New Delhi, the 19th August, 2003 THE BIHAR REORGANISATION (REMOVAL OF DIFFICULTIES) ORDER, 2003 G.S.R. 675(E) - The following Order made by the President is published for general information:- Whereas, a difficulty has arisen in giving effect to the provisions of sections 8 and 10 of the Bihar Reorganisation Act, 2000 (30 of 2000) (hereinafter referred to as the said act) in relation to the list of members of the Council of States specified in the First Schedule and in Delimitation of Parliamentary and Assembly Constituencies specified in the Second Schedule to the said Act; And whereas, a difficulty has also arisen in giving effect to the provisions of sections 23 and 24 of the said Act, which relates to amendment of the Constitution (Scheduled Castes) Order, 1950 as specified in the Fifth Schedule and the amendment of the Constitution (Scheduled Tribes) Order, 1950 as specified in the Sixth Schedule to the said Act; And whereas, names of certain Scheduled Castes appearing in the Fifth Schedule and of the Scheduled Tribes appearing in the Sixth Schedule to the said Act have been mentioned incorrectly in those Schedules and the errors in names are required to be rectified so as to avoid any controversy in the identification of the Scheduled Castes and Schedules Tribes; Now, therefore, in exercise of the powers conferred by Sub-section (1) of Section 92 of the Bihar Reorganisation Act, 2000 (30 of 2000), the President hereby makes the following Order, namely:- 1. (1) This order may be called the Bihar Reorganisation (Removal of Difficulties) Order, 2003. (2) It shall come into force at once. 2. ................... 3. ................... 4. ................... 5.
(1) This order may be called the Bihar Reorganisation (Removal of Difficulties) Order, 2003. (2) It shall come into force at once. 2. ................... 3. ................... 4. ................... 5. In the Fifth Schedule to the said Act, in clause (ii), for serial numbers 2, 6, 7, 13 and 15 and the entries relating thereto the following serial numbers and entries shall respectively be substituted, namely:- "2. Bauri 6. Chaupal 7. Dabgar 13. Hari, Mehtar, Bhangi 15. Kurariar" 6. In the Sixth Schedule to the said Act, in clause (2), in sub-clause (ii), for serial numbers 10, 23 and 27 and the entries relating thereto, the following serial numbers and entries shall respectively by substituted, namely:- 10. Chik Baraik 23. Mal Paharia 27. Santal." 8. In such circumstances, the Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand is directed to consider the representation dated 07.01.2014 said to have been filed by the petitioner before the said authority and issue necessary instructions to the various authorities such that the aforesaid order dated 19.08.2003 published in notification dated 21.08.2003 is duly implemented and no inconvenience is caused to the persons belonging to the community namely, Dabgar. The petitioner may also file representation along with a copy of this order with said representation dated 7.1.2014 before Secretary, Personal, Administrative Reforms and Rajbhasha Department, Government of Jharkhand. 9. With the aforesaid observations and directions, this writ petition is disposed of. 10. Let a copy of this order be handed over to the counsel appearing for the State for communication to theSecretary, Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand.