ALOK SHARMA - (1.) HEARD the learned counsel for the petitioner and perused the writ petition.
(2.) Counsel for the petitioner submits that the petitioner's father Late Shri Baldev Dhanka belonged to Dhanka caste - a notified Scheduled Tribe, as such, he moved an application before the Tehsildar, Jaipur to release his caste certificate recording his Scheduled Tribes status in the requisite proforma. Counsel submits that the Tehsildar, Jaipur vide communication dated 8th August, 2012 refused to issue the caste certificate as prayed noting that the said certificate could be issued only after the directions of the State Government as to whether the Dhanka caste fall under the Scheduled Tribes Category or not. It is submitted that in the event, the requisite certificate evidencing the status of the petitioner as a member of "Scheduled Tribe" is not issued the petitioner is likely to be denied the fruit of his selection in the Assam Rifle on the post of Mazdoor. Learned counsel for the petitioner has relied upon the judgment of this Court rendered at its Principal Seat at Jodhpur in the case of Rahul Tanwar versus The State of Rajasthan & Anr. [S.B. Civil Writ Petition No. 7953/2010] decided on 2nd September, 2011, wherein this Court has dealt with a similar controversy and held the petitioner therein eligible for grant of Scheduled Tribe Certificate by virtue of belonging to the Dhanka community. I am of the considered opinion that the issue in the present writ petition is covered by the judgment of this Court in the case of Rahul Tanwar versus The State of Rajasthan & Anr. [S.B. Civil Writ Petition No. 7953/2010] decided on 2nd September, 2011 and thus, the instant writ petition is allowed in the light of the aforesaid judgment. The Tehsildar, Jaipur is directed to issue the certificate in the requisite proforma to the petitioner as a member of Scheduled Tribe by virtue of his belonging to the 'Dhanka' caste as included (without any geographical limitations) in the Presidential notification under Article 341 and 342 of the Constitution of India to which there can be no amendment/clarification etc. except by way of a similar Presidential notification or order. The certificate in the requisite proforma be issued within a period of three weeks from the date of presentation of certified copy of this order.;