PHUDNATHKISANNAGESIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application the prayer of the petitioner is for issuance of a writ of mandamus commanding upon the respondent Deputy Commissioner, Gumla, to treat the members of Nagesia tribe as falling in the category of Scheduled Tribe within the meaning of the Constitution (Scheduled Tribe) Order, 1950 (hereinafter 'the Order' only) and to grant them all the privileges to which the members of the Scheduled Tribe are entitled to.

(2.) The petitioner claims to be a member of Nagesia tribe of the district of Gumla. His grievance is that though in the adjoining districts of Lohardaga and Palamau, Nagesia is treated as scheduled tribe but the said privilege has been denied to the petitioner and to the other members of his tribe by the respondent Deputy Commissioner on the plea that in the schedule to the Order Nagesia has not been included as one of the tribes.

(3.) Mr. D. N. Sinha, learned counsel appearing for the petitioner, in support of the claim made in this writ petition, has drawn our attention to various circumstances and documents, which, according to him are sufficient for accepting the Nagesia to be one of the Scheduled Tribes for all Constitutional purposes. He has also placed reliance on a decision of the Supreme Court in the case of Bhaiya Ram Minda v. Anirudh Patar and others, AIR 1971 SC 2533 and on a Bench decision of this Court in the case of Shyam Sunder Nag and others v. State of Bihar and others, 1987 BLT (Rep) 222.