Rajasthan High Court - Jodhpur
Sheesh Ram Dhanka vs State & Anr on 17 February, 2018
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7925 / 2016
Sheesh Ram Dhanka S/o. Shri Munga Ram Dhanka, Aged 62
years, Resident of Dhani Mauji, Tehsil Rajgarh, District Churu.
----Petitioner
Versus
1. The State of Rajasthan through the District Collector, Churu.
2. The Tehsildar (Revenue), Rajgarh, District Churu.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. S.D. Goswami
For Respondent(s) : Mr. O.P. Boob, AGC
_____________________________________________________
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 17/02/2018 This writ petition has been filed by the petitioner being aggrieved with the action of the respondents of not issuing caste certificate of the petitioner, who claimed himself to be a member of Dhanka Community.
Learned counsel for the parties have submitted that the question involved in this writ petition has already been decided by this Court vide order dated 10.03.2014 passed in Inder Mohan Singh Dhanka & Ors. Vs. Union of India & ors. (S.B. Civil Writ Petition no.8623/2010), wherein this Court has issued a direction to the competent authority to issue caste certificate to the candidates indicating their social status strictly in accordance with law.
This Court in Inder Mohan Singh Dhanka's case (supra) (2 of 3) [CW-7925/2016] has held as under :-
"I have heard the learned counsel for the parties and perused the materials available on record.
The basic impediment for issuance of caste certificates to the petitioners was the Circular/letter dated 13 th of July 2010 which is impugned in the instant writ petition. The said circular has imposed certain restrictions for issuance of caste certificate and as per that circular vis-à-vis Dhanka community, there was a restriction that scheduled tribe certificate can be issued only to an individual who belongs to Abu Road Taluka of District Sirohi in the State of Rajasthan. The contention of the learned counsel for the petitioners, that the circular runs contrary to the Presidential Order, has lost its significance for all practical purposes for the simple reason that Ministry of Tribal Affairs, Government of India, New Delhi has withdrawn the same by its communication dated 14th of February 2014 and now the restriction which was incorporated in the circular dated 13 th of July 2010 has been done away. In view of withdrawal of the circular dated 13th of July 2010, now there remains no impediment in issuance of caste certificate to an individual belonging to Dhanka community in Rajasthan in accordance with law.
In above view of the matter, the instant petition and all other cognate writ petitions are disposed of with the direction to the competent authorities to issue caste certificates to the petitioners indicating their social status strictly in accordance with law. The competent authority is expected to take cognizance of the letter dated 14 th of February 2014 issued by the Ministry of Tribal Affairs, Government of India, New Delhi and the guidelines prescribed by the Hon'ble Apex Court in judgment dated 2 nd September 1994 rendered in case of Kumari Madhuri Patil (supra). If the petitioners apply for the same, their applications may be processed in accordance with law for issuance of caste certificates."
In view of the joint submissions made by learned counsel for (3 of 3) [CW-7925/2016] the parties, this writ petition is also disposed of with a direction to the competent authority to issue caste certificate to the petitioner indicating his social status expeditiously strictly in accordance with law.
The competent authority is expected to take cognizance of the letter dated 14th of February 2014 issued by the Ministry of Tribal Affairs, Government of India, New Delhi and the guidelines prescribed by the Hon'ble Apex Court in judgment dated 2 nd September 1994 rendered in case of Kumari Madhuri Patil Vs. Addl. Commissioner reported in (1994) 6 SCC 241. If the petitioner apply for the same, his applications may be processed in accordance with law for issuance of caste certificates.
Stay petition stands disposed of.
(VIJAY BISHNOI),J.
Abhishek Kumar S.No.46