MANISH RAO Vs. STATE OF RAJASTHAN & ORS

JUDGEMENT

(1.) By this petition, the petitioner inter alia has sought relief that the respondents be directed to issue a certificate of scheduled tribe in his favour as he belongs to the Rao Meena community. The petitioner, who appears in person, submits that he made various representations to the District Collector, Sawai Madhopur (some of which are annexed to the writ petition as annexures 2 and 3) praying that a direction be issued for the issue of a certificate of scheduled tribe to him for reasons mentioned in the representations. Petitioner has further referred to a letter dated 16.04.2009 written by the Land Record Officer, Bamanwas which inter alia records the fact that those belonging to the Rao Caste are a part of Meena community and should be also issued a scheduled tribe certificate. Various other certificates issued by the National Meena Mahasabha have been relied upon by the petitioner in support of his case. The petitioner further submits that against the overwhelming material in support of his case, vide order dated 01.03.2011, the Tehsildar, Bamanwas has rejected the petitioner's application for issue of a scheduled tribe certificate without just cause and in a peremptory manner. Petitioner submits that the order dated 01.03.2011 issued by the Tehsildar, Bamanwas refers to a purported detailed inquiry, but no report of such inquiry has been supplied to him in spite of his applications under the Right to Information Act.

(2.) I have heard the petitioner and perused the writ petition as also the documents annexed thereto.

(3.) Having heard the petitioner, I am of the view that the issue as to whether the petitioner belonging to the Rao caste falls within the Meena community is a question of fact which can be determined only on the basis of a proper inquiry and after taking into consideration all the relevant material that the petitioner may submit. This issue cannot be resolved by this Court in the exercise of its writ jurisdiction under Article 226 of the Constitution of India.