Rajasthan High Court - Jodhpur
Anushka vs The State Of Rajasthan ... on 11 September, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:29381]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1590/2023
Anushka D/o Shri Akshay Kumar, Aged About 5 Years, (Minor),
By Caste Dhanka Through His Natural Guardian Father Shri
Akshay Kumar, Aged 28 Years, By Caste Dhanka, Resident Of
Ward No. 45, Dhanka Mohalla, Suratgarh, Tehsil Suratgarh,
District Sri Ganganagar.
----Petitioner
Versus
1. The State Of Rajasthan, Through The District Collector Sri
Ganganagar.
2. The Sub Divisional Magistrate, Suratgarh, District Sri
Ganganagar.
3. Tehsildar (Revenue), Suratgarh, District Sri Ganganagar.
----Respondents
For Petitioner(s) : Mr. Shankar Dayal Goswami
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
11/09/2023
1. Learned counsel for the petitioner submit that the issue
raised in the present writ petition is 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 petition may also be decided in light of and with similar
directions given in the case of Sheesh Ram Dhanka (supra).
2. 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
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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
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
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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 be processed in accordance with
law for issuance of caste certificates.
Stay petition stands disposed of."
2. In view of the aforequoted order, the present writ petition is
disposed of in the same terms with a direction to the competent
authority to issue caste certificates to the petitioner indicating her social
status (Digital, State Format or Central Format) expeditiously, strictly in
accordance with law.
3. 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, her
application may be processed in accordance with law for issuance of
caste certificates.
4. All pending applications stands disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
40-Zeeshan
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