Rajasthan High Court - Jaipur
Raj Adiwasi Meena vs Dharamveer Dhanka And Ors on 29 November, 2018
Bench: Chief Justice, G R Moolchandani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 311/2014
Rajasthan Adiwasi Meena Mahasabha Sansthan, Jaipur through
its President Srinarayan Kaimla R/o Ambika E 619, Lal Kothi
Yojana, Near New Vidhan Sabha, Jaipur.
----Appellant
Versus
1. Dharamveer Dhanka s/o Shri Ratan Kumar Dhanka, aged
about 17 years, through his father Shri Ratan Kumar Dhanka,
R/o 66, Awadhpuri, Mahesh Nagar, Jaipur
2. Union of India through the Secretary, Ministry of Tribal Affaris
New Delhi-110001
3. State of Rajasthan through Principal Secretary, Department of
Social Justice and Empowerment, G-3/1 Ambedkar Bhawan,
Jaipur.
4. The National Commission for Schedule Tribes through its
Director, Room No.101 & 102, First Floor, Block A, Kendriya
Sadan, Sector 10, Vidhya Nagar, Jaipur.
5. District Collector, Jaipur
6. Tehdildar, Jaipur
----Respondent
For Appellant(s) : Mr. R.D. Meena For Respondent(s) : Mr. Mukesh Dudi on behalf of Mr. B.S.
Chhaba(Assistant Solicitor General) HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE G R MOOLCHANDANI Judgment 29/11/2018 D.B. Civil Misc. Application No.957/2014:
The application seeking leave to file the special appeal is allowed.
(2 of 3) [SAW-311/2014] D.B. Civil Misc. Application No.60/2014:
1. For the reasons stated in the application delay in filing the appeal is condoned.
2. The application is allowed.
D.B. Special Appeal(W) No.311/2014:
1. The respondent claims to be a member of a Scheduled Tribe Dhanka. Vide impugned order dated 08.07.2013 the learned Single Judge has disposed of the petition filed by the respondent directing the Tehsildar to conduct the necessary enquiry to determine whether the respondent belongs to the Tribe Dhanka.
2. In the appeal it is pointed out that members of the caste Dhanak, Dhanuk, Dhankia are wrongly claiming certificates that they belong to the Scheduled Tribe Dhanka.
3. Needless to state the authority which will issue the certificate has to consider the Scheduled Castes and Scheduled Tribes Order as amended from time to time by the President of India.
4. As regards the authority competent to issue the certificate, the decision of the Supreme Court reported as (1994) 6 SCC 241, Kumari Madhuri Patil & Ors. Vs. Addl. Commissioner, Tribal Development & Ors. requires social status certificate application to be made to the Revenue Sub Divisional Officer and the Deputy Collector or Deputy Commissioner have been nominated as the authority to issue the certificate and not officers at Taluka or Mandal Level.
5. The appeal is disposed of directing that the respondent's application would be considered by the authority as per the afore-noted decision and needless to state the authority would look into the Presidential Notifications listing the Scheduled (3 of 3) [SAW-311/2014] Tribes in the State of Rajasthan and would address itself to the issue concerning Dhanka community as also Dhanak, Dhanuk, Dhankia community.
(G R MOOLCHANDANI),J (PRADEEP NANDRAJOG),CJ KKC/14 Powered by TCPDF (www.tcpdf.org)