- (1.) This writ petition raises an important question relating to identity and characteristic of a scheduled caste (Dhangar) included at Entry 27 of the Constitution (Scheduled Castes) Order, 1950 (hereinafter referred to as the 1950 Order) as amended by the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976. The authoritative translation within the meaning of Section 5 of the Official Languages Act, 1963 gazetted in the Gazette of India spelled Entry 27 "Dhangar" as "/kaxM+" following which the State of U.P. issued various orders including the order dated 17th July, 2009 to read the Entry 27 "Dhangar" as "/kaxM+" in Hindi. The petitioner No.1, President of All India Dhanar Samaj Mahasangh, Uttar Pradesh and two others have come up in this writ petition challenging the order dated 17th July, 2009 of the State of U.P. with the case that the scheduled caste as mentioned at Entry 27 of the 1950 Order is "/kuxj" and the respondents should issue caste certificate treating the said caste as "/kuxj".
(2.) The issue which has been raised by this petition is that the scheduled caste which has been included in the 1950 Order at Entry 27 "Dhangar" is a sub-caste of Garariya which is another backward caste in the State of U.P. The petitioners' case is that the scheduled caste included at Entry 27 of the 1950 Order is a shepherd caste whose members are engaged in tending sheep and goats and make blankets from the wool of sheep. The case set-up in the writ petition is that the State Government by misspelling the caste "Dhangar" is refusing to issue caste certificate to the members of the petitioners' association who belong to shepherd caste.
(3.) The State of U.P. as well as the Union of India through Ministry of Home Affairs and through Ministry of Law, Justice & Company Affairs have been impleaded as respondents to the writ petition. A counter affidavit as well as supplementary counter affidavit have been filed on behalf of Principal Secretary, Social and Welfare Department, U.P., Lucknow and Commissioner, Social Welfare, U.P., Lucknow (respondents No.2 and 3). The Union of India through Samajik Nyay Evam Adhikarita Mantralya, Bharat Sarkar, New Delhi has also filed counter affidavit as well as an affidavit as per direction of the Court. The petitioners have filed two supplementary affidavits to which supplementary counter affidavits as well as supplementary rejoinder affidavits have also been filed. The writ petition was heard and judgment was reserved on 18th January, 2012. By order dated 10th February, 2012, we directed for further hearing of the matter. On 10th February, 2012 following order was passed:- "The writ petition was heard on 18th January, 2012 and judgment was reserved. While going through the counter affidavit filed on behalf of the State sworn by Mr. N.N. Nath Verma, Research Officer, Scheduled Caste and Scheduled Tribes Research and Training Institute, U.P., Lucknow, it transpired that reference of several materials and books have been made in the counter affidavit regarding the caste "Dhangar, Dhangad". The petitioner also in the supplementary affidavit has referred to Kaka Kalekar's report and some other materials. For deciding the issues raised in the writ petition, we are of the view that history, characteristics and other relevant details regarding the aforesaid caste is necessary. List this writ petition for further hearing on 21st February, 2012 to enable the learned counsel for the parties to bring relevant materials pertaining to history, characteristics and other relevant details of the caste in issue. In pursuance of the order of this Court dated 10th February, 2012, the petitioners filed extract of various books and reports. Learned Additional Advocate General has also placed before the Court two books, namely, Bibliography on Scheduled Castes, Scheduled Tribes and Selected Marginal Communities of India published by Registrar General, India, Ministry of Home Affairs, New Delhi as well as the Work of W. Crooke titled as "Tribes and Castes of the North Western Provinces and Oudh. The parties were further heard on 21st February, 2012. Facts of the case as emerge from the pleadings of the parties, briefly noted, are; "Dhangar" is a scheduled caste recognised in the State of U.P. In exercise of power conferred by Clause (1) of Article 341 of the Constitution of India, the President after consultation with the Governor issued the Constitution (Scheduled Castes) Order, 1950. The 1950 Order stated following in paragraph 2:- "2. Subject to the provisions of this Order, the castes, races or tribes, or parts of, or groups within, castes or tribes, specified in Parts I to XVI of the Schedule to this Order shall, in relation to the States to which those Parts respectively relate, be deemed to be Scheduled Castes so far as regards member thereof resident in the localities specified in relation to them in those Parts of that Schedule." For Uttar Pradesh, following is relevant Entry of the Scheduled Caste:- "PART-VIII - Uttar Pradesh 27. Dhangar.";