Jharkhand High Court
Daniel Dan Marandi vs The State Of Jharkhand Through The Chief ... on 7 February, 2025
Author: Deepak Roshan
Bench: Deepak Roshan
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P(C) No. 6422 of 2023
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1. Devid Besra, aged about 33 years, S/O-Nand Lal Besra,
Resident of Village- Piyarsola, P.O.-Pokhariya, P.S. Purvi
Tundi, Piyarsola, District-Dhanbad, Jharkhand
1. Daniel Dan Marandi, aged about 34 years, S/o- Silas
Marandi, Resident of Village-Pokhariya, P.O. Pokhariya,
P.S. Purvi Tundi, Piyarsola, District-Dhanbad,
Jharkhand.
3. Anurag Murmu, aged about 24 years, S/o- Rajesh
Murmu, Resident of Village-Ghosaldih, P.O. - Pokhariya,
P.S. Purvi Tundi, Piyarsola, District- Dhanbad,
Jharkhand.
4. Alen Joni Chore, aged about 22 years, S/o- Jairus
Chore, Resident of Village Pokhariya, P.O. & P.S.
Dhanbad, District- Dhanbad, Jharkhand.
5. Ruel Murmu, aged about 31 years, S/o- Prem Murmu,
Resident of Village-Ghosaldih, P.O. & P.S. Pokhariya,
District- Dhanbad, Jharkhand.
....Petitioners
Versus
1. The State of Jharkhand through the Chief Secretary,
Government of Jharkhand, having its office at Project
Building, P.O. & P.S. Dhurwa, District-Ranchi,
Jharkhand.
2. The Secretary, Department of Personnel Administrative
Reforms & Rajbhasa, Government of Jharkhand, having
its office at Project Building, P.O&P.S-Dhurwa, District
Ranchi, Jharkhand.
3. The Commissioner, North Chhota Nagpur Division,
having its office at Commissioner Office P.O.-G.P.O, P.S-
Dhanbad & District- Dhanbad, Jharkhand.
4. The Deputy Commissioner, Dhanbad, P.O. -G.P.O., P.S-
Kotwali & District- Ranchi, Jharkhand.
5.. The Deputy Collector, Land Reforms, Sadar, P.O., P.S. &
District Dhanbad, Jharkhand.
6. The Circle Officer, Purvi Tundi, P.O. & P.S.-Purvi Tundi,
District-Dhanbad, Jharkhand
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioners : Mr. Suraj Verma, Advocate
For the Resp.-State : Mr. Saurav Mahto, A.C to G.P.-I
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06/07.02.2025 Heard learned counsel for the parties.
2. The instant writ petition has been preferred by
the petitioners for the following reliefs:
(i) For a direction upon the respondents
particularly respondent nos. 5 & 6 to issue
caste certificate in favour of the petitioners for
Schedule Tribe category on the ground that in
the Khatiyan, the petitioners have been shown
as belonging to Christian Community and
therefore caste certificate cannot be issued in
total violation and disregard to the Judgment
passed by Hon'ble Supreme Court of India and
Hon'ble Jharkhand High Court in similar
matters by which it has been repeatedly
decided that Tribal status will continue even if
the Tribe converted to Christianity.
3. Learned counsel for the petitioners draws
attention of this Court with regard to the counter affidavit
filed by the respondent nos. 4 to 6 especially paragraph no.
10 and submits that since averments has been made that if
the petitioner will file an affidavit, the process of issuing
caste certificate shall be done; accordingly, the instant writ
application may be disposed of in the light of para-10 of the
counter affidavit.
4. Counsel for the respondents supports the
aforesaid contention.
5. Having regard to the aforesaid submission and
after going through the averments made in para-10 of
counter affidavit, it appears that the stand of the
Respondent-State is that the petitioners have to file an
affidavit before the concerned Circle Officer about their
caste and thereafter the rest work will be done.
For brevity paragraph 10 of the counter affidavit
is quoted hereinbelow:
10. That it is stated and submitted that statement
made in Para 6 to 17 that, the statements contained
in paragraphs 6 to 17 of the instant writ application,
it is stated and submitted that the Caste Certificates
are used to be provided to the applicants as per
guidelines contained in Government Circular No. 1754
dated 25.02.2019. In the light of the clause 6 of the
Government Circular No. 1754 dated 25.02.2019, it is
specifically mentioned that if the caste of the person
is mentioned as Hindu, Muslim, Marwari, Christian
in the Record of Rights, and he has applied for
obtaining Caste Certificate of Schedule Caste
/Schedule Tribe and other Backward classes then his
Caste Certificate shall be issued as per guidelines
mentioned in the Clause 13 of the Govt. Circular No.
1754 dated 25.02.2019. In the Record of Rights the
caste of the predecessors of the Petitioners is
mentioned as Christian, and therefore in the light of
the guidelines mentioned in clause 13, the petitioners
have to be filed affidavit before the concerning Circle
Officer, therein about his caste, stating and the Circle
Officer having receipt of such affidavit, shall initiate a
proceeding and issue notice for 15 days which will be
affixed in the notice board of the office, and thereafter
processing all the norms as provided in clause 13,
Caste Certificate will be issued to the Petitioners, and
therefore until and unless the Petitioners are not
followed the rules as contained in Govt. Circular No.
1754 dated 25.02.2029, no Caste certificate can be
issued to them.
6. In view of the aforesaid facts and circumstances,
the instant writ application stands disposed of by giving
liberty to the petitioners to file an affidavit and the
respondents, in turn, will proceed in the matter.
The entire exercise shall be completed within a
period of 6 weeks from the date of receipt of such affidavit.
7. Pending I.A., if any, is also closed
(Deepak Roshan, J.)
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