Rajasthan High Court - Jodhpur

Randeep Kumar Dhanka vs State Of Rajasthan ... on 17 February, 2023

Bench: Pushpendra Singh Bhati

[2023/RJJD/005687]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7412/2022

Kapil Dhanka S/o Shri Gopal Dhanka, Aged About 30 Years, By Caste Dhanka, Resident Of Ward No. 11, Bhadra, Tehsil Bhadra, District Hanumangarh.

----Petitioner Versus

1. The State Of Rajasthan, Through The District Collector Hanumangarh.

2. The Sub Division Magistrate, Bhadra, District Hanumangarh.

3. Tehsildar (Revenue), Tehsil Bhadra, District Hanumangarh.

----Respondents Connected With S.B. Civil Writ Petition No. 4429/2009 Mahendra Singh

----Petitioner Versus State Of Raj. And Ors

----Respondent S.B. Civil Writ Petition No. 10232/2018 Rohit Kumar S/o Shri Daulat Ram, Aged About 17 Years, By Caste Dhanka, Through Is Natural Guardian- Father Daulat Ram S/o Shri Om Prakash, Aged 50 Years By Caste Dhanka, Resident Of Dhankawali Dhani, Jhandawali, 10 Jrk, Tehsil And District Hanumangarh

----Petitioner Versus

1. State Of Rajasthan, Through The District Collector, Hanumangarh.

2. Sub Division Magistrate, Hanumangarh, District Hanumangarh.

3. Tehsildar, Hanumangarh, District Hanumangarh.

4. Malviya Natinoal Institute Of Technology, Jaipur.

----Respondents S.B. Civil Writ Petition No. 12397/2022 Randeep Kumar Dhanka S/o Shri Sandeep Kumar Dhanka, Aged About 24 Years, By Caste Dhanka, R/o Ward No. 8 (10), Dhanka Basti, Sangariya, District Hanumangarh.

----Petitioner Versus

1. State Of Rajasthan, Through The District Collector, Hanumangarh.

2. The Sub Division Magistrate, Sangariya, District Hanumangarh.

3. Tehsildar, Sangariya, District Hanumangarh.

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----Respondents S.B. Civil Writ Petition No. 15182/2022

1. Anil Kumar S/o Bhanwar Lal, Aged About 23 Years, By Caste Dhanka, Resident Of Baas Bharind, Bewad, Tehsil Rajgarh, District Churu (Raj.)

2. Bhanwar Lal S/o Madu Ram, Aged About 57 Years, By Caste Dhanka, Resident Of Baas Bharind, Bewad, Tehsil Rajgarh, District Churu (Raj.)

3. Ajay Karan S/o Bhanwar Lal, Aged About 15 Years, (Minor Through His Father Bhanwarlal) By Caste Dhanka, Resident Of Baas Bharind, Bewad, Tehsil Rajgarh, District Churu (Raj.)

4. Madu Ram S/o Arjun Ram, Aged About 75 Years, By Caste Dhanka, Resident Of Baas Bharind, Bewad, Tehsil Rajgarh, District Churu (Raj.)

5. Rajendra Singh S/o Bhanwarlal, Aged About 25 Years, By Caste Dhanka, Resident Of Baas Bharind, Bewad, Tehsil Rajgarh, District Churu (Raj.)

6. Dinesh S/o Rajpal, Aged About 18 Years, By Caste Dhanka, Resident Of Baas Bharind, Bewad, Tehsil Rajgarh, District Churu (Raj.)

7. Mukesh S/o Rajpal, Aged About 24 Years, By Caste Dhanka, Resident Of Baas Bharind, Bewad, Tehsil Rajgarh, District Churu (Raj.)

8. Sonu Kumar S/o Rajpal, Aged About 22 Years, By Caste Dhanka, Resident Of Baas Bharind, Bewad, Tehsil Rajgarh, District Churu (Raj.)

9. Rajpal S/o Madu Ram, Aged About 52 Years, By Caste Dhanka, Resident Of Baas Bharind, Bewad, Tehsil Rajgarh, District Churu (Raj.)

----Petitioners Versus

1. The State Of Rajasthan, Through The District Collector, Churu.

2. Sub Division Magistrate, Rajgarh, Tehsil Rajgarh, District Churu.

3. The Tehsildar (Revenue), Rajgarh, District Churu.

----Respondents

For Petitioner(s) : Mr. S.D. Goswami. For Respondent(s) : Mr. Anil Kumar Gaur, AAG.

Mr. K.S. Rajpurohit, AAG assisted by Mr. Rajat Arora and Mr. Lucky Rajpurohit.

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

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17/02/2023

Learned counsel for the parties submit that the issue raised

in the present writ petitions are squarely covered by Sheesh Ram

Dhanka Vs. State of Rajasthan & Anr.: SBCWP No.7925/2016,

decided on 17.02.2018 and, therefore, the present writ petitions

may also be decided in light of and with similar directions given in

the case of Sheesh Ram Dhanka (supra).

In the case of Sheesh Ram Dhanka (supra), it has been

inter-alia observed and directed by this Court as under:-

"This writ petition has been filed by the petitioner being aggrieved with the action of the respondents of not issuing caste certificate of the petitioner, who claimed himself to be a member of Dhanka Community.

Learned counsel for the parties have submitted that the question involved in this writ petition has already been decided by this Court vide order dated 10.03.2014 passed in Inder Mohan Singh Dhanka & Ors. Vs. Union of India & ors. (S.B. Civil Writ Petition no.8623/2010), wherein this Court has issued a direction to the competent authority to issue caste certificate to the candidates indicating their social status strictly in accordance with law.

This Court in Inder Mohan Singh Dhanka's case (supra) has held as under :-

"I have heard the learned counsel for the parties and perused the materials available on record.

The basic impediment for issuance of caste certificates to the petitioners was the Circular/letter dated 13th of July 2010 which is impugned in the instant writ petition. The said circular has imposed certain restrictions for issuance of caste certificate and as per that circular vis-à-vis Dhanka community, there was a restriction that scheduled tribe certificate can be issued only to an individual who belongs to Abu Road Taluka of District Sirohi in the State of Rajasthan. The

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contention of the learned counsel for the petitioners, that the circular runs contrary to the Presidential Order, has lost its significance for all practical purposes for the simple reason that Ministry of Tribal Affairs, Government of India, New Delhi has withdrawn the same by its communication dated 14th of February 2014 and now the restriction which was incorporated in the circular dated 13th of July 2010 has been done away. In view of withdrawal of the circular dated 13th of July 2010, now there remains no impediment in issuance of caste certificate to an individual belonging to Dhanka community in Rajasthan in accordance with law.

In above view of the matter, the instant petition and all other cognate writ petitions are disposed of with the direction to the competent authorities to issue caste certificates to the petitioners indicating their social status strictly in accordance with law. The competent authority is expected to take cognizance of the letter dated 14th of February 2014 issued by the Ministry of Tribal Affairs, Government of India, New Delhi and the guidelines prescribed by the Hon'ble Apex Court in judgment dated 2nd September 1994 rendered in case of Kumari Madhuri Patil (supra). If the petitioners apply for the same, their applications may be processed in accordance with law for issuance of caste certificates."

In view of the joint submissions made by learned counsel for the parties, this writ petition is also disposed of with a direction to the competent authority to issue caste certificate to the petitioner indicating his social status expeditiously strictly in accordance with law.

The competent authority is expected to take cognizance of the letter dated 14th of February 2014 issued by the Ministry of Tribal Affairs, Government of India, New Delhi and the guidelines prescribed by the Hon'ble Apex Court in judgment dated 2nd September 1994 rendered in case of Kumari Madhuri Patil Vs. Addl. Commissioner reported in (1994) 6 SCC 241. If the petitioner apply for the same, his applications may

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be processed in accordance with law for issuance of caste certificates.

Stay petition stands disposed of."

In view of the aforequoted order, the present writ petitions are

disposed of in the same terms with a direction to the competent

authority to issue caste certificates to the petitioners indicating their

social status (Digital, State Format or Central Format) expeditiously,

strictly in accordance with law.

The competent authority is expected to take cognizance of the

letter dated 14th of February 2014 issued by the Ministry of Tribal

Affairs, Government of India, New Delhi and the guidelines prescribed

by the Hon'ble Apex Court in judgment dated 2nd September 1994

rendered in case of Kumari Madhuri Patil Vs. Addl. Commissioner

reported in (1994) 6 SCC 241. If the petitioners apply for the same,

their applications may be processed in accordance with law for issuance

of caste certificates.