DEBANANDA DEORI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This is a writ petition presented under Article 226 of the Constitution of India seeking for a writ of mandamus directing the respondents 1 to 5 for issuance of Scheduled Tribe certificates to the people belonging to Deori Community, as Scheduled Tribes in the State of Arunachal Pradesh, in terms of the Constitution (Scheduled Tribes) Order, 1950 and/or any other appropriate writ or direction, as to this Court may deem fit and proper in the circumstances of the case. This petition has been presented by the President, Deori Tribal Welfare Association (D.T.W.A.), Mahadevpur, Lohit District, Arunachal Pradesh, in a representative capacity, treating this as a public interest petition for the reasons set out in the writ petition,

(2.) The first respondent is the State of Arunachal Pradesh, represented by its Chief Secretary, Itanagar. The second respondent is the Secretary to the Government of Arunachal Pradesh, Political Department, Itanagar. The third respondent is the Chief Secretary to the Government of Arunachal Pradesh, Itanagar. The fourth respondent is the Union of India, represented by the Secretary to the Govt of India, Ministry of Welfare, Shastri Bhawan, New Delhi, The fifth respondent is the Joint Secretary, Ministry of Welfare, Govt. of India, Shastri Bhawan, New Delhi. The sixth respondent, General Secretary, Arunachal Pradesh Indigenous Tribal's Rights (Protection) Organisation (APITRO), Itanagar, came to be added by an application by way of amendment with the permission of the Court,

(3.) The general averments in the writ petition as can be gathered from the petition are, that Chapter X of the census Report of 1911 provides details about the Scheduled Castes and Scheduled Tribes population of Arunachal Pradesh, It is stated therein that earlier the territory of Arunachal Pradesh was a part of the State of Assam, wherein the 16 castes treated as Scheduled Castes in the State of Assam were also treated as Scheduled Castes of Arunachal Pradesh. Similarly, according to the existing Rules and Orders made by the Government of India, the tribal popuJation, who have been considered as Scheduled Tribes within the State of Assam, and presently Jiving in Arunachal Pradesh, are to be treated as Scheduled Tribes of ArunachaJ Pradesh. Indeed, it is pointed out that in the I96J Census, 80 Scheduled Tribes of Arunacha/ Pradesh has been listed. As against this, in the 1971 Census it is seen that the names of as many as 110 tribes are being listed as Scheduled Tribes of Arunachal Pradesh. It is seen from Appendix-4 to the writ petition that in the 1971 Census entry 2 J of the List of Communities treated as Scheduled Tribes of Arunachal Pradesh, the name "Deori" is found, which indicates that according to the Government of India authorities, who have conducted census in 1971, people belonging to "Deori" community were treated and listed as Scheduled Tribes in that State.