B.L. Loomba, J. - (1.) In this case Petitioner No. 1 is Gond Adivasi Sabha, U.P. through its President Sri Dev Nath Gond, resident of village Partapatti, P.O. Dbamhapur district Varanasi. Petitioner No. 2 is District Gond Adivasi Sabha, Deoria U.P. through its Secretary Sri Ram Dhani resident of village and Post Paina, district Deoria, while Petitioner No. 3 and 4 are individuals, namely Radhey Shyam Gond and Mahant Prasad minor through his natural guardian Sri Ram Briksh resident of district Deoria. The Respondents are State of U.P., District Magistrate, Deoria and Tehsildars of Tehsils Deoria, Exemplum and Hata in district Deoria. Briefly stated the Petitioner's case is that the community of 'Gond' is a notified scheduled Caste under the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, but members of their caste are being deprived of the benefits admissible to the scheduled castes, In this connection they have referred to certain individuals who are denied such benefits, particularly those residing in district Deoria.
(2.) The grievance raised is that despite the circular letters issued by the U.P. Government to all the District Magistrates, the district authorities are creating difficulties and are trying to make distinction in the words 'Gonrh' and 'Gond' and are trying to classify the Petitioners and Ors. as belonging to the caste of 'Gonrh' and treating them backward class as Kahars. The Petitioners assert that 'Gonrh' and 'Gond' is just the same caste and because of local dialect there may be difference in pronunciation and those called 'Gonrh' are also 'Gond' specified in the aforesaid 1976 Act. The Petitioners seek writ of mandamus against the Respondents to treat all such persons who are called 'Gonrh' or 'Gond' as Schedule Castes and admit them to the benefits as are available to the members of the scheduled castes.
(3.) The assertion that the caste 'Gond' as specified in the Schedule to the said Act is a scheduled caste is not disputed by the respondents and the only plea raised on their behalf is that the caste 'Gond' has 5 sub castes, namely, Dhuriya, Naik, Ojha, Pathriya and Rajgond, those not belonging to any of these sub castes cannot be treated as 'Gond' and that the Petitioners and some others like them have started calling themselves as 'Gond' in order to secure the benefits and advantages admissible to the members of the schedule caste. According to the Respondents, the Petitioners in fact belong to Kahar caste which is a backward caste but not a scheduled caste. Reference has, in this connection been made to the circular communication issued by the Director Harijan and Social Welfare Department U. P. dated (sic) clarifying that only 5 sub castes named (sic) within the caste 'Gond', a copy of this circular communication has been annexed as Annexure -C.A.2 to the counter affidavit. This communication makes a reference to the recommendation of the Joint Committee constituted for Anusuchit Jati, Anusuchit Janjati Orders (Amendment) Bill, 1967 that the 'Gond' caste covers only the subcastes of Dhuriya, Nayak, Ojha, Pathri and Rajgond. The rejoinder affidavit dated 28.U.82 on this point, vide paragraph 6 thereof, mentions that the report of the Joint Committee has no legal force being only a recommendatory in nature and restricted meaning cannot be assigned to the caste 'Gond' and on that basis they cannot by denied the benefits and advantages admissible to the scheduled castes.;