ARJUN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has preferred this writ petition seeking annulment of notice dated 19th August 2010 (Annex.4) and order dated 13th of July 2010 (Annex.5), and further prayer is also made for quashing Annex.6 & 7 respectively. Lastly, the petitioner has also prayed for initiating appropriate action against respondent No.6 in accordance with law.

(2.) THE apposite facts of this writ petition are that the petitioner belongs to caste "Dhanka". As per Gazette Notification of Government of India Extraordinary Part II dated 20th of September 1976, Part XV Rajasthan enforced w.e.f. 27th of July 1977, on an application being submitted by the petitioner, the competent authority issued Caste Certificate to the petitioner on 3rd of October 1998 (Annex.1) indicating his caste as "Dhanka" and certifying that he belongs to Scheduled Tribe. After issuance of the said certificate, it was revealed that although petitioner has been adjudged as a person belonging to Scheduled Tribe but the requisite certificate issued in this behalf is not in the prescribed proforma therefore the same is not recognized caste certificate in accordance with the guidelines issued by the Government of India. Faced with this situation, the petitioner submitted a written application for issuance of caste certificate in prescribed proforma vide his application dated 26th of April 2010 alongwith requisite proforma. After considering the application of the petitioner, the Tehsildar, Hanumangarh declined the request of the petitioner by order dated 19th of August 2010 citing the reason that in adherence of Government of India, Ministry of Tribal Affairs, letter dated 13th of July 2010 requisite caste certificate to the petitioner cannot be issued in the prescribed proforma. The order/circular dated 13th of July 2010 was issued by the Secretary to the Government, Ministry of Tribal Affairs. In the order/circular, it was clarified that for the purpose of State of Rajasthan, the tribal groups of Abu Road Taluka of District Sirohi are eligible for issuance of Scheduled Tribe Certificate if they belong to Dhanka, Tadvi, Tetaria and Valvi tribal groups. The relevant Para 3 & 7 of the order/circular dated 13th of July 2010 are reproduced as under:

(3.) LEARNED counsel appearing for Union of India and the State of Rajasthan have not disputed this position.