- (1.) IN the instant writ petition and 12 other cognate writ petitions, particulars of which are mentioned in the annexed schedule, which may be treated as part of this order, common question of law and facts are involved, therefore, all these petitions are heard together and are disposed of by this common order.
(2.) FOR disposal of this petition and cognate petitions, it is worthwhile to take cognizance of the facts narrated in this petition. The brief facts, giving rise to this petition, are that as per petitioners, all of them belong to Dhanka community and are residents of District Hanumangarh and Sri Ganganagar. It is specifically averred in the writ petition by the petitioners that as per the Scheduled Castes and Scheduled Tribes Order (Amendment) Act 1976 dated 18th of September 1976, published by the Ministry of Law, Justice and Company Affairs, (Legislative Department, Government of India, in the Gazette of India, Extraordinary Part II No.151 dated 20.09.1976, Part XV Rajasthan enforced w.e.f. 27.07.1977 in the State of Rajasthan, Dhanka caste is mentioned as Serial No.4 of the Scheduled Tribe List. The petitioners have also placed on record the Notification dated 27th of July 1977 wherein part XIII refers to the Scheduled Tribe communities of Rajasthan and at Serial No.4 following communities are shown as Scheduled Tribes:
(3.) THE petitioners have further placed on record order/circular dated 13th of July 2010 issued by the Secretary to the Government of India, Ministry of Tribal Affairs, New Delhi, containing certain onerous conditions for issuance of caste certificates. The said letter/circular was issued by the Government of India with the sole object that there may not be abuse in issuance of social status certificate to an individual i.e. whether he belongs to scheduled caste or scheduled tribe. In the circular/letter, it is mentioned that under the State of Rajasthan tribal groups of Dhanka, Tadvi, Tetaria and Valvi, having origin from Abu Road Taluka of District Sirohi are entitled for issuance of ST Certificate. Clause 3 & 7 of the order are reproduced as under: 3. In pursuance of Section 41 of the States Reorganisation Act, 1956, the Scheduled Castes and Schduled Tribes Lists (Modification) Order 1956 was notified (29th October, 1956). The entry 'Dhanka' including Tadvi, Tetaria and Valvi continued under Bombay State at S.No.5. Since Abu Road taluka of Banaskantha districts of Bombay State was transferred to Sirohi district of Rajasthan, as a consequence, 'Dhanka' including Tadvi, Tetaria and Valvi entry was listed at S.No.5 under 3 in Abu Road taluka of Sirohi District under the State of Rajasthan having area restriction meaning that Dhanka, Tadvi, Tetaria and Valvi tribal groups of Abu Road Taluka were only eligible for S.T. certificate. ;