C DORALI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for the issue of a Writ of Certiorarified Mandamus for quashing the order bearing F.No.12016/6/2001-TA (ME)/C & LM-I (Part.II) dated 8th April, 2009 issued by the first respondent namely, the Secretary, Ministry of Tribal Affairs, Union of India and further directing respondents 1 to 3 to reconsider the proposal of the fourth respondent declaring Kuruma, Kurumba, Kurumba Gounder, Kurumban and Kurumbar as member of the Scheduled Tribes.

(2.) It appears that by letter dated 21st August, 2006 addressed to the first respondent, the fourth respondent i.e., Government of Tamil Nadu requested the first respondent to include the aforesaid six names as synonyms of Kurumans in the list of Scheduled Tribes in Tamil Nadu. The petitioners case is that as per the study conducted by the The Study of Director, Tribal Research Centre, Ooty, it reveals that communities like Kuruma, Kurumba, Kurumba Gounder, Kurumban and Kurumbar are identical to each other and these names are synonyms to the community of Kurumans and therefore, these communities may be brought under Kurumans in the list of Scheduled Tribes.

(3.) The first respondent in their counter affidavit has stated that on 15th June, 1999, the Government of India has laid down certain modalities for determining the claims for inclusion in, exclusion from and other modifications in orders specifying Scheduled Castes and Scheduled Tribes lists. The said modalities have been revised on 25th June, 2002. According to this respondent, only those proposals, which have been recommended and justified, by the concerned State Government, the Registrar General of India (RGI) and the National Commission for Scheduled Tribes (NCST) are to be considered for amendment of legislation. The proposal of the fourth respondent has been rejected by the Ministry of Tribal Affairs for inclusion of Kuruma, Kurumba, Kurumba Gounder, Kurumban and Kurumbar as synonyms of Kurumans in the list of Scheduled Tribes of Tamil Nadu under para (f) of the amended modalities. It is further stated that the aforesaid proposal for inclusion of Kuruma, Kurumba, Kurumba Gounder, Kurumban and Kurumbar as synonyms of Kurumans ST of Tamil Nadu has again been rejected by the Ministry of Tribal Affairs vide letter dated 8th April, 2009.