SRESHTA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) A very peculiar issue is involved in this case. The question is what would be the status of the off-springs of a Schedule Tribe woman, married to a forward caste man. The Revenue/Competent Authority did not grant Schedule Tribe status to the off-springs. The writ petition claiming such status was dismissed by the learned Single Judge, hence, present appeal has been preferred.

(2.) (I) Before adverting to the factual position of this case, it would be appropriate to refer to the judgment passed by the Hon'ble Apex Court in Rameshbhai Dabhai Naika Vs. State of Gujarat and others, 2012 3 SCC 400, relied upon by the learned Single Judge, while dismissing the writ petition, wherein it was held by Hon'ble Apex Court as under:-

(3.) We have gone through the complete record of the writ petition and heard learned counsels for the parties. The factual position in the case remains undisputed. Such undisputed and relevant facts can be summed up as hereunder:-