DHNURDHARI SHIVWANSHI CHHATRIYA Vs. SAMAJ SEWA TRUST

JUDGEMENT

(1.) (Oral) The case of the petitioners is that petitioner No.2, Shri Rajender Kumar, belongs to "Dhanka" Tribe of Rajasthan and is presently residing in Delhi, his family having migrated to Delhi from Rajasthan. The petitioner No.2 submitted an application to the SDM, Saraswati Vihar on 14.1.2011 for grant of a Scheduled Tribe certificate. In the said application the petitioner No.2 claimed to be a "Dhanka" by birth. He also claimed that his ancestors belonged to Rajasthan.

(2.) The SDM, Saraswati Vihar referred the matter to the Tehsildar, Jaipur with a request to convey the genuineness of the certificate of the father of petitioner No.2. Vide letter dated 1.7.2011, the Tehsildar, Bassi District of Jaipur informed the SDM, Saraswati Vihar that the caste certificate of Prabhu Dayal Dhanka, father of petitioner No.2 was issued from his office but according to Memorandum dated 13.7.2010, Sr. No.12026/04/2009-C&LM-1 issued by the Government of India only the Dhanka Tribe people belonging to the District Sirohi, Abu Road, Rajasthan are considered to belong to ST category and persons belonging to District Jaipur and other areas of Rajasthan are not considered as ST category. Based upon the aforesaid communication from the Tehsildar, Bassi District, Jaipur, the SDM, Saraswati Vihar vide his communication dated 3.8.2011 informed the Public Grievance Commission, Government of NCT of Delhi that Scheduled Tribe certificate cannot be issued to petitioner No.2. Being aggrieved from the aforesaid communication, the petitioners are before this Court seeking the following reliefs:

(3.) In its counter affidavit, respondent No.1-Union of India has stated that "Dhanka" was not notified as a Scheduled Tribe in Rajasthan under the Constitution (Scheduled Tribes) Order, 1950. The said Tribe was not notified as a Scheduled Tribe in Rajasthan even through the Constitution (Scheduled Tribes) (Part C States) Order, 1951. The same was the position when Scheduled Castes and Scheduled Tribe Orders (Amendment) Act 1956 was notified on 25.9.1956. This is also the case of respondent No.1 that the erstwhile State of Bombay included Abu Road taluka of Banaskantha District where "Dhanka" had been notified as a Scheduled Tribe vide Constitution (Scheduled Tribes) Order, 1950 and the SAID entry continues to exist at serial No.5 of the said order. On re-organisation of the States in 1956, Abu Road taluka of Banaskantha district was included in the State of Rajasthan and became a part of its Sirohi District. This list of Scheduled Tribes in Rajasthan was thereafter modified through the Scheduled Castes and Scheduled Tribes List (Modification) Order 1956 by making the following entries therein: