TSEWANG DORJEE Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Both the above mentioned writ petitions, involve the questions with regard to the right of the petitioners right to Schedule Tribe status and Permanent Resident Certificate. In WP(C) No. 483 (A)/2010, the petitioners No. 2, 3 & 4 are the sons of the petitioner No. 1. The father of the petitioner No. 1 is a Bhutanese and the mothers of the petitioners are Arunachali ladies, belonging to Schedule Tribe. In WP(C) No. 135 (AP)/2011 also the petitioner's father was a Tibetan and his mother was an Arunachali Schedule Tribe.

(2.) The petitioner No. 1 was born to the said couple on 05.02.1960 and he was brought up as per the customary practices of Monpa tribe inasmuch as he was treated as a Monpa belonging to Dungkharpa Clan. The first petitioner married Smti Pem Chhojom, a Monpa tribal lady of Diangon in 19.01.1980 and out of the said wedlock, the petitioner Nos. 2, 3 & 4 were born. They were also brought up as per customary practices of Monpa tribal community and always treated to be a Monpa tribe of Dungkharpa Clan.

(3.) The petitioner claiming to be a Monpa tribal, applied for the Schedule Tribe (for short, S.T.) Certificate and Permanent Resident Certificate (PRC) and accordingly, said certificates were issued by the Deputy Commissioner, Bomdila, West Kameng District, on 03.08.2001 and 18.07.2003. Similarly, S.T. Certificate and Permanent Resident Certificate were issued to the petitioner Nos. 2, 3 & 4 also by the authority concerned. Subsequently, the petitioner No. 1 was elected as Member of Anchal Samiti from AS-03 Phadam & Sagar Khorung Anchal Constituency.