- (1.) THE petitioner has preferred this writ petition seeking annulment of notice dated 19th August 2010 (Annex.4) and order dated 13th of July 2010 (Annex.5), and further prayer is also made for quashing Annex.6 & 7 respectively. Lastly, the petitioner has also prayed for initiating appropriate action against respondent No.6 in accordance with law.
(2.) THE apposite facts of this writ petition are that the petitioner belongs to caste "Dhanka". As per Gazette Notification of Government of India Extraordinary Part II dated 20th of September 1976, Part XV Rajasthan enforced w.e.f. 27th of July 1977, on an application being submitted by the petitioner, the competent authority issued Caste Certificate to the petitioner on 3rd of October 1998 (Annex.1) indicating his caste as "Dhanka" and certifying that he belongs to Scheduled Tribe. After issuance of the said certificate, it was revealed that although petitioner has been adjudged as a person belonging to Scheduled Tribe but the requisite certificate issued in this behalf is not in the prescribed proforma therefore the same is not recognized caste certificate in accordance with the guidelines issued by the Government of India. Faced with this situation, the petitioner submitted a written application for issuance of caste certificate in prescribed proforma vide his application dated 26th of April 2010 alongwith requisite proforma. After considering the application of the petitioner, the Tehsildar, Hanumangarh declined the request of the petitioner by order dated 19th of August 2010 citing the reason that in adherence of Government of India, Ministry of Tribal Affairs, letter dated 13th of July 2010 requisite caste certificate to the petitioner cannot be issued in the prescribed proforma. The order/circular dated 13th of July 2010 was issued by the Secretary to the Government, Ministry of Tribal Affairs. In the order/circular, it was clarified that for the purpose of State of Rajasthan, the tribal groups of Abu Road Taluka of District Sirohi are eligible for issuance of Scheduled Tribe Certificate if they belong to Dhanka, Tadvi, Tetaria and Valvi tribal groups. The relevant Para 3 & 7 of the order/circular dated 13th of July 2010 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. 7. Therefore, the Scheduled Tribe group 'Dhanka including Tadvi, Tetaria and Valvi', whose origin could be ascertained/traced in Abu Road taluka of Sirohi District at the time of the Scheduled Castes and Scheduled Tribes (modification) Act, 1956, is eligible to get the benefits meant for Scheduled Tribes. In other words, Scheduled Tribe certificates of 'Dhanka' tribe issued to persons of Dhanka tribal communities (S.No.4 ­ Dhanka, Tadvi, Tetaria, Valvi) who belonged to Abu Road taluka of Sirohi District at the time of notification of Scheduled Castes and Scheduled Tribes list (modification) Act, 1956 only and their children are valid. Any Scheduled Tribe certificate in the name of Dhanka, Tadvi, Tetaria or Valvi tribe on the basis of S.No.4 of the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 issued to a person who does not belong to the Dhanka, Tadvi, Tetaria or Valvi tribal community of Abu Road taluka of Sirohi district of Rajasthan at the time of notification of the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956 and his son or daughter is invalid. The writ petition is contested by the respondents and on behalf of respondent No. 3, 4, 5, 7 & 8 reply is submitted denying all the allegations contained in the writ petition. The respondent No.1 & 2 have also submitted reply to the writ petition defending the action of issuance of circular/order dated 13th of July 2010. After submission of reply to the writ petition, the petitioner has apprised this Court that the circular/letter dated 13th of July 2010 has been withdrawn by the Ministry of Tribal Affairs, Government of India vide its communication dated 20th of February 2014 which is addressed to the Chief Secretary, Government of Rajasthan, Jaipur. The complete text of the letter is reproduced as under: Dated: 20th February, 2014 To Shri Rajiv Mehrishi Chief Secretary, Government of Rajasthan, Schivalaya, Jaipur Rajasthan ­ 302 005. Sir, I am directed to draw your attention to the letter dated 16th August, 2012 by the then Chief Secretary, Rajasthan, regarding the hardship in ST certificates of 'Dhanka Community' in the wake of Ministry's clarification issued vide letter dated 13th July 2010 (copy enclosed) with respect to area restriction on 'Dhankas including Tadvi, Tetaria and Valvi' in Rajasthan. I am directed to inform you that the letter No.12026/4/2009 -C&LM -1 dated 13th July, 2010 issued by the Ministry stands withdrawn with immediate effect. Yours sincerely, Sd/ -
(3.) LEARNED counsel appearing for Union of India and the State of Rajasthan have not disputed this position.;