SHYAM SUNDAR NAG Vs. STATE OF BIHAR

JUDGEMENT

(1.) Are the Tamarias who are original inhabitants of Tamar in the district of Ranchi and have settled in the district of Singhbhum Mundas ? According to the petitioners they are, and according to the respondents they are not.

(2.) It appears that the State Government constituted a Commission known as Backward Class Commission to advise the Government whether there is sufficient reservation of posts in Government Services for the socially and educationally backward classes of citizens. The Commission gave its advise. The State Government thereafter took decision for reservation of posts for those classes of citizens. The decision of the State Government as well as the classes of citizens who, according to the State Government, are socially and educationally backward and for whom reservation of posts should be made are contained in Annexure 1 to the writ petition. In that Annexure in the list of socially and educationally backward classes, Tamaria has been in serial No. 52. Tamaria has also been shown in serial No. 34 as very backward class. The petitioners have challenged this notification on the ground that Tamaria being Partar Munda could not have been included in the list of backward and very backward classes.

(3.) According to the petitioners, thousands of people belonging to Munda tribe migrated from Tamar in the district of Ranchi to the district of Singhbhum. In the district of Singhbhum, they are called Tamaria as they migrated from Tamar. Although they are called Tamaria in the district of Singhbhum, they are in fact Munda, a Scheduled Tribe. The factum of migration of Mundas from Tamar to the district of Singhbhum has not been controverted in the counter affidavit filed on behalf or respondent No. 6. The assertion that Tamarias belong to Patar Munda Community has also not been denied in the counter affidavit. According to the counter affidavit, since Tamaria has not been recognized as Schedule Tribes in the State of Bihar under the Constitution (Scheduled Tribes) Order, 1950, they cannot be held to be the members of Scheduled Tribes.