LAWS(GAU)-2020-2-158

ARUP MEGU Vs. STATE OF A.P.

Decided On February 10, 2020
Arup Megu Appellant
V/S
STATE OF A.P. Respondents

JUDGEMENT

(1.) Heard Mr. S. Taye, learned counsel for the appellant/writ petitioner. Also heard Mr. I. Riram, learned Addl. Senior Govt. Advocate for the State respondents.

(2.) This writ appeal has been filed against the impugned order dated 16.05.2019, passed in WP(C) No. 331(AP)/2016, by which the learned Single Judge has upheld the cancellation of the appellant's Scheduled Tribe Certificate, issued on 26.05.1982.

(3.) The brief facts of the case is that a Scheduled Tribe Certificate was issued to the appellant on 26.05.1982 by the Deputy Commissioner, East Sing District, Pasighat. The same was cancelled by the Deputy Commissioner vide order dated 05.05.2016, on the ground that the appellant's father, Shri Dipu Bhattacharjee did not belong to a Scheduled Tribe recognized in Arunachal Pradesh. The order dated 05.05.2016, issued by the Deputy Commissioner also states that as per the letters dated 06.05.1991, 05.12.1992 and 30.07.2010, " if an APST woman is married to a non-APST man, her offspring shall not be entitled to obtain Scheduled Tribe Certificate". Thereafter, the order dated 05.05.2016, issued by the Deputy Commissioner was challenged by the appellant vide WP(C) No. 331(AP)/2016. The learned Single Judge after hearing the parties dismissed the writ petition vide the impugned order dated 16.05.2019 by holding as follows: