LALIT ASUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the learned counsel for the respondent State.

(2.) The petitioners have filed this writ application with a prayer for directing the respondents, particularly respondent No. 3, The Deputy Commissioner, Gumla, to issue appointment letters to the petitioners on class-III post, in the light of the decision of the State Government.

(3.) The petitioners belong to 'Asur' tribe, of the State of Jharkhand, which is one of the aboriginal tribes, identified by the State Government to be at verge of extinction. The members of this tribe are living in the forests, hills etc., and their main livelihood is by way of hunting, forest farming and like primitive methods. It was also found that in the census held in the year 1961, the population of the members of Asur and other such aboriginal tribes was only 3.54 % of the general population, which in the census in the year 1973 came down to 3.24 % and again in the year 1981 it came down to 3.17% only. Taking into consideration the fact that these aboriginal tribes were at the verge of extinction, a special drive was taken to save these tribes and it was decided by the State Government that if some youth belonging to these aboriginal tribes are educated, they may be directly taken into service of the State Government, according to their educational qualification. The persons having the educational qualification of graduate level, were to be directly appointed in Class-III posts, without undergoing the regular selection process. Accordingly, a resolution was adopted by the State Government, mentioning the aforesaid facts, which was circulated under Memo No.2965 dated 23.12.2005, which was again clarified in the year 2008, in view of the fact that in the resolution taken in the year 2005 it was mentioned that those youths who had acquired the qualification of graduation till 30.11.2005 may only be appointed, which condition was relaxed in the subsequent resolution and it was resolved that such youths of the aboriginal tribes who had graduated till the year 2008 may also be directly appointed on Class-III posts in the District Collectorates. This resolution was circulated by the State Government under Memo No. 2147 dated 13.10.2008. One of the conditions of the said resolution was that this process of direct appointment was to be undertaken in special circumstances only for once, which would not be treated as precedent. Both these resolutions of the State Government, dated 23.12.2005 and 13.10.2008 have been brought on record by way of counter-affidavit filed on behalf of the State itself.