LAWS(RAJ)-2004-7-7

MAYA DEVI DAGALA Vs. STATE OF RAJASTHAN

Decided On July 07, 2004
MAYA DEVI DAGALA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The petitioner has described herself as Maya Devi Dagala wife of Topan Ram Dagala. With this description, it is alleged, that the petitioner belongs to the caste and also claims that she belongs to Scheduled Tribe. Accordingly, she applied for obtaining a certificate to that effect, vide application Annexure-1, but then, certificate Annexure-5 has been issued certifying her to be belonging to Scheduled Caste.

(3.) The contention of the learned counsel for the petitioner is, that according to the Annexure-6, the caste is included in the Scheduled castes at item No. 57, while was included in Scheduled Tribes, which was subsequently de-notified in the year 1964, and then it was included in the list of 'Backward Castes'. It is contended that the term has been spelt in various categories in different spelling and thus, according to the learned counsel, it stands included in every category, being Scheduled Castes, Scheduled Tribes and Backward Castes, such state of affairs is arbitrary, and since the petitioner claims to be belonging to Scheduled Tribe, she should have been issued certificate of Scheduled Tribe.