ARVIND Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) By the instant writ petition under Arts. 226 and 227 of the Constitution of India, the petitioner seeks a direction to the respondents to issue him a caste certificate treating him to be a member of Scheduled Tribe.

(2.) Facts giving rise to the instant writ petition are that the petitioner submitted an application to respondent No.3 Tehsildar (Revenue), Bhadra on 05.08.2006 for issuance of a certificate for Scheduled Tribe claiming himself to be of "Dhanka" caste, which according to the petitioner falls within the list of Scheduled Tribes notified by the Slate. After considering the material available before respondent No.3, Tehsildar (Revenue), Bhadra by order Annex.2, dismissed the application filed by the petitioner stating therein that in view of the communication issued by the Chief Secretary, Government of Rajasthan, Jaipur No.10030-43 dt. 25.11.2005, for the caste "Dhanka", the certificate for being a member of Scheduled Tribe caste can only be issued to the persons, who are residing within the territory of Tehsil Mount Abu, District Sirohi and the petitioner has not furnished any such certificate that he shifted from Tehsil Mount Abu to Bhadra, District Hanumangarh and, therefore, the application was dismissed. The petitioner moved to the District Collector, Hanumangrah. The District Collector, Hamungarh directed Tehsildar respondent No.3 to pass a fresh order in the light of the Government Circular date 16.08.1998 being F(18) R&P/Sa.Ka.Vi/98/865-866 issued by the Social Welfare Department, Government of Rajasthan. The petitioner has placed on record the certificate issued by the Tehsildar, Bhadra Annex.6 dt. 04.12.1989 in favour of his father Ram Kumar S/o Amilal showing him to be a member of Scheduled Tribe.

(3.) A reply to the writ petition has been filed by the respondent State stating therein that the caste "Dhanka" falls within the category of Scheduled Caste and not Scheduled Tribe except in the area of Tehsil Mount Abu of District Sirohi. So far as "Dhanka" caste is concerned, it is within the territory of Mount Abu, District Sirohi has been notified in the Scheduled Tribe. The petitioner is not the resident of Mount Abu and he cannot take advantage of caste made available for the Scheduled Tribe in the Mount Abu area. State also came with a case that the petitioner's caste is "Dhanak" and not "Dhanka". The State has placed on record a copy of Jamabandi of village 5 NTR, "Nethrana", Tehsil Bhadra, District Hanumangrah for the year Samvat 2064 showing the caste of the petitioner as "Dhanak". So far as certificate issued in favour of petitioner's father showing him to be a member of Scheduled Tribe is concerned, it is contended that same has wrongly been issued and cancellation of which is in process.