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2023 DIGILAW 1012 (JHR)

Nand Kishore Manjhi v. State of Jharkhand

2023-08-09

RAJESH SHANKAR

body2023
JUDGMENT : The present writ petition has been filed for issuance of direction upon the concerned respondents to issue caste certificates of schedule tribe to the petitioners as well as their family members whose surnames are ‘Manjhi’ and belong to ‘Santhal’ community as per the record of rights of 1911 and 1964, however, due to erroneous finding of the respondent no. 7 – the Circle Officer, Ichagarh, Seraikella-Kharsawan, the concerned authorities have stopped issuing the certificates of scheduled tribe to the petitioners and their family members. Further prayer has been made for issuance of direction upon the concerned respondents to conduct high level enquiry in this regard as suggested by the respondent no. 7 vide his enquiry report contained in letter no. 03 dated 02.01.2016 mentioning that there was a doubt regarding the residents of Nawadih village having the surname ‘Manjhi’ claiming themselves as belonging to the scheduled tribe community. 2. During pendency of the writ petition, the petitioners have also filed I.A. No. 3301 of 2018 seeking challenge to the enquiry report of the respondent no. 7 contained in letter no. 03 dated 02.01.2016, as according to them, the certificates of scheduled tribe are not being issued to them due to the said enquiry report. 3. Learned counsel for the petitioners submits that the petitioners are the permanent residents of Village-Nawadih, Panchayat-Dewaltand, Block-Ichagarh, District-Seraikella-Kharsawan and have been using the surname of ‘Manjhi’. As per the record of rights prepared in the year 1911, they have been shown belonging to the scheduled tribe community ‘Santhal’. Majority of the residents of Nawadih village (about 90% of the villagers) use the surname ‘Manjhi’, who identify themselves as part of ‘Santhal’ community. In the record of rights of the year 1964 also, the petitioners and other residents of Nawadih village having surnames of ‘Manjhi’ were shown as ‘Santhals’. Earlier, the petitioners, their family members and other residents of the aforesaid village did not face any difficulty in getting the certificate of scheduled tribe as the ‘Santhal’ community was recognized as a scheduled tribe vide ‘The Constitution (Scheduled Tribes) Order, 1950’. 4. It is further submitted that as per several orders passed by the court of Commissioner, South Chhotanagpur Division, Ranchi, the residents of Nawadih village using the surname ‘Manjhi’ belong to the ‘Santhal’ community and, therefore, they come under the category of ‘Scheduled Tribe’. 4. It is further submitted that as per several orders passed by the court of Commissioner, South Chhotanagpur Division, Ranchi, the residents of Nawadih village using the surname ‘Manjhi’ belong to the ‘Santhal’ community and, therefore, they come under the category of ‘Scheduled Tribe’. Hence, prior permission of the Deputy Commissioner under Section 46 of the Chotanagpur Tenancy Act, 1908 is required for transfer of land. One of such decisions is contained in order dated 23.03.1999 passed by the Commissioner, South Chotanagpur Division, Ranchi in Singhbhum Mutation Revision No. 29 of 1990. Ignoring the aforesaid aspect, the respondent no. 7 submitted the enquiry report to the respondent no. 5 with respect to the residents of Nawadih village using the surname ‘Manjhi’ vide letter no. 03 dated 02.01.2016 giving opinion that though in the record of rights of 1911, the caste of forefathers/ancestors of the said villagers were recorded as ‘Santhal’, however, in recent times their customs were found different from ‘Santhal’ community, which required high level enquiry. After the enquiry report submitted by the respondent no. 7 to the respondent no. 5 – the Deputy Commissioner, Seraikella-Kharsawan, no further step has been taken by the authorities in this regard, whereas due to the said enquiry report, the certificates of scheduled tribe are not being issued to the petitioners and similarly situated residents of Village-Nawadih. It is also submitted that the certificates of scheduled tribe were being issued to residents of Village-Nawadih during the 1990s. The petitioners have annexed copies of few such caste certificates as Annexure-10 series to the supplementary affidavit dated 26.07.2017 filed on their behalf. Under the said compelling circumstance, the petitioners have preferred the present writ petition. 5. On perusal of the record, it appears that the writ petition was earlier taken up on 28.02.2023 by a co-ordinate Bench of this Court and was of prima facie view that the dispute relating to entitlement of caste certificate cannot be resolved through the writ petition, rather the appropriate remedy was before the Caste Scrutiny Committee. However, the writ petition was subsequently taken up on 15.03.2023 and on the said date, following order was passed: “1. Learned counsel for the parties are present. 2. Learned counsel for the petitioners submits that the petitioners belong to Santhal community and as per the record of rights annexed with the writ petition, their caste has been recorded as Santhal. However, the writ petition was subsequently taken up on 15.03.2023 and on the said date, following order was passed: “1. Learned counsel for the parties are present. 2. Learned counsel for the petitioners submits that the petitioners belong to Santhal community and as per the record of rights annexed with the writ petition, their caste has been recorded as Santhal. He also submits that the name of Santhal community appears as schedule tribe in the Presidential Declaration, which is annexed as Annexure – 2 to the writ petition. He submits that in spite of that the petitioners are not being granted their caste certificate although they belong to the schedule tribe-Santhal. Learned counsel has also submitted that one of the grounds which has been taken in the counter-affidavit is that the petitioners do not consume non - vegetarian and therefore, they cannot be put within the category of Santhals. 3. Learned counsel for the respondent – State is not in a position to justify such stand taken in the counter-affidavit. However, she submits that the necessary enquiries in connection with the caste of the petitioners is required to be conducted and the same can be done by the respondent no.6. She submits that the petitioners may be directed to appear before respondent no.6 on a fixed date and thereafter, this case be posted on another date so that the result of such scrutiny be produced before this Court. 4. Upon this, learned counsel for the petitioners submits that since the petitioners claim to belonging to schedule tribe community, the concerned District Legal Services Authority may be directed to provide legal assistance to the petitioners if approached. He submits that the petitioners are under-privileged persons of the society. 5. Considering the aforesaid submissions advanced on behalf of the parties, this Court is of the considered view that the required scrutiny in connection with the caste of the petitioners at the first instance is to be done by respondent no.6. For this purpose, the petitioners are directed to appear before respondent no.6 on 19.04.2023 along with the supporting documents or any other materials in support of their caste status. 6. For this purpose, the petitioners are directed to appear before respondent no.6 on 19.04.2023 along with the supporting documents or any other materials in support of their caste status. 6. The respondent no.6 shall complete the required enquiry within a period of three months from 19.04.2023 and file a supplementary counter-affidavit in the present case by 07.08.2023 annexing therewith the result of the enquiry and if any of the petitioners is found entitled for caste certificate, the required caste certificate be also issued in accordance with law and be annexed along with the supplementary counter-affidavit. 7. It is further observed that if any of the petitioners approach the District Legal Services Authority of Seraikella Kharsawan, the said authority shall provide adequate legal aid/legal assistance to the petitioners. 8. Post this case on 09.08.2023.” 6. In compliance of the said order, a supplementary counter affidavit has been filed on behalf of the respondent nos. 5 and 6 on 07.08.2023, paragraph nos. 14 and 15 of which read as under: “14. That it is humbly stated and submitted that the scrutiny in regard to case of the petitioners has been made on the basis of guidelines of the Government of Jharkhand, issued vide letter no. 14/caste-03-13/2015/Personnel-1754 dated 25.02.2019 of the Department of Personnel, Administrative Reforms and Rajbhasha. It is humbly stated and submitted that in the aforesaid order of the government, in case of any dispute or controversy with respect to issuance of caste certificate/certificates, the guidelines as mentioned in clause 13(vii) is to be complied with. The said guidelines specifically lay down that in rural areas, Gram Sabha is to be conducted in the locality and caste certificate is to be issued upon full satisfaction. 15. That it is humbly stated and submitted that accordingly Gram Sabha was held in village Rugribazar, Agasia, Dewaltand, Tiruldih-2, Nawadih and Basahatu on different dates namely, 05.07.2023, 08.07.2023, 09.07.2023, 10.07.2023 and 12.07.2023 and the conclusion of the said Gram Sabhas as regards the claims of the petitioners was to the effect that the petitioners do not come under the Santhal category as claimed.” 7. Having considered the rival submission of learned counsel for the parties, this Court is of the considered view that any enquiry in bits and pieces is not sufficient to ascertain the caste status of a particular community. Having considered the rival submission of learned counsel for the parties, this Court is of the considered view that any enquiry in bits and pieces is not sufficient to ascertain the caste status of a particular community. Since the petitioners have claimed that they belong to ‘Santhal’ community and they have been using the surname ‘Manjhi’, they should be recognized as members of the scheduled tribe community namely, ‘Santhal’ mentioned in the Presidential order issued vide ‘The Constitution (Scheduled Tribes) Order, 1950’, the said claim is required to be comprehensively looked into keeping in view the tribal features, uniqueness of culture and practices, primitivity, isolation from the main stream communities etc. 8. It has already been held by the Hon’ble Supreme Court in the case of “Kumari Madhuri Patil & Anr. Vs. Addl. Commissioner, Tribal Development & Ors.” reported in (1994) 6 SCC 241 that such claim should be considered by a state level fact finding body i.e., the Caste Scrutiny Committee so as to ascertain the claim of a particular person as member of a scheduled caste/tribe. 9. Under the said circumstance, without forming any opinion on the petitioners’ aforesaid claim, they have given liberty to prefer an application in this regard before the Caste Scrutiny Committee. 10. At this juncture, learned counsel for the petitioners submits that since the petitioners have not impleaded the Caste Scrutiny Committee as respondent in the present case, he may be permitted to implead it as respondent no. 9 in the present case. 11. Considering the said submission, let “the Caste Scrutiny Committee through its Chairman-cum-Secretary, Department of Scheduled Tribe, Scheduled Caste, Minority and Backward Class Welfare, Government of Jharkhand, Ranchi” be impleaded as respondent no. 9 in the present writ petition. 12. Accordingly, the petitioners are given liberty to prefer an application(s) before the newly impleaded respondent no. 9. On receipt of the said application(s), the respondent no. 9, after making due enquiry and on providing an opportunity of hearing to the petitioners’ representative(s), shall take appropriate informed decision within three months from the date of filing of the said application(s). 13. The writ petition is accordingly disposed of with aforesaid observation and direction. I.A. No. 3301 of 2018 also stands disposed of.