RUBY HURDWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for issuance of direction upon the respondent no. 5- the Chairman, Caste Scrutiny Committee, Welfare Department, Ranchi to take decision with respect to caste status of the petitioner's son - Soumya Sambhaw in pursuance of the petitioner's representation dtd. 12/4/2021 addressed to the respondent no. 5 in the light of notification dtd. 8/7/2004 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand.

(2.) Mr. J.J. Sanga, Learned counsel for the petitioner, submits that petitioner is the member of Scheduled Tribe (Munda). Marriage between the petitioner and one Raman Kumar Jha was solemnized on 29/5/2010 and out of the said wedlock, their son- Soumya Sambhaw was born on 8/12/2011. The matrimonial relationship between the petitioner and Raman Kumar Jha could not continue for long and their marriage got dissolved under Sec. 13(B) of the Hindu Marriage Act, 1955 vide judgment dtd. 10/12/2020 passed by the Principal Judge, Family Court, Bokaro in Original Suit No. 96 of 2020. It is further submitted that Soumya Sambhaw remained with the petitioner since his birth and even after dissolution of marriage of the petitioner, he is staying with her. Thus, she has the reasons to believe that Soumya Sambhaw must also be treated as a member of Scheduled Tribe. Accordingly, she made an application before the respondent no. 5 on 12/4/2021 keeping in view the notification dtd. 8/7/2004 issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand in the light of judgment rendered by the Hon'ble Supreme Court in the case of Kumari Madhuri Patil and another Vs. Additional Commissioner, Tribal Development and Ors. reported in (1994) 6 SCC 241, however, no decision has been taken on the caste status of Soumya Sambhaw on merit.

(3.) Mr. Mithilesh Singh, learned G.A.-IV appearing on behalf of the respondents, refers to the minutes of meeting of the Caste Scrutiny Committee dtd. 6/10/2021 and submits that pursuant to the petitioner's application, the matter with regard to issuance of caste certificate of Scheduled Tribe to the petitioner's son Soumya Sambhaw was taken up as Agenda No. 26, however the same was not considered on merit observing that the matter of the petitioner was not within the jurisdiction of Caste Scrutiny Committee.