JUDGEMENT
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(1.) The petitioner being a Registered Association with its aims and
objectives of uplifting and developing the social, economic and educational
status of the Ranchi Adivasis as well as of the pther Scheduled Tribes
who have migrated from the mainland and settled in these Islands, seeks
the following relief(s) : -
(a) For a direction upon the respondents to implement the
judgment of the Hon'ble Supreme Court of India delivered in the
case of S. Pushpa and Ors. v. Sivachanmugavelu and Ors., reported
in 2005 (3) SCC page 1 ;
(b) For a direction upon the respondents to consider the
Scheduled Tribes who have migrated from mainland and settled in
these Islands against Reserved Posts/Services earmarked for the
Scheduled Tribes in the A & N Administration;
(c) For a direction upon the respondents to consider these
Tribes against un-availed reserved seats of Scheduled Tribes in
various Technical/Non-technical education in the mainland;
(d) For a direction upon the respondents to issue Caste
Certificate to these migrated Tribes; and
(e) For any other order/orders.
(2.) From the pleadings as well as from the various documents that
have been appended to this writ petition, the facts, as gathered are that
as the Indian Jail Committee of 1919-20 advised the Government of India
to abolish the penal settlement in the Andamans altogether, the Provincial
Governments were asked to stop deportation of the prisoners to the
Andamans. The Administration of these Islands felt the shortage of laborers
for clearing the jungles. Since then the Adivasis of Chhotanagpur, namely,
the Uraons, the Mundas and the Kharias were recruited by the Government.
They are known as the "Ranchies" in these Islands and are also referred
to as the "Tapuwalas" in their parent States of Bihar, Madhya Pradesh and
Orissa.
(3.) Because of their close Association with forest lands in their own
State of origin, these Adivasis did not feel any difficulty in working in the
forests of the Islands. When the Japanese occupied these Islands in the
year 1992, about 900 such Tribals namely the "Ranchies" were already
working here in the Mills, Aerodrome, reconstruction work, timber and
agriculture works. A few of them had taken to cultivation also.;
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