Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 62359 of 2013 Petitioner :- Adiwasi Vikash Sewa Sansthan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Paritosh Kumar Malviya Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
Precisely the issue involved in this Public Interest Litigation is relating to issuance of caste certificate to the persons belonging to Dhuriya, Gond, Naik, Ojha, Pathari and Raj- Gond part of sub castes of Kahar community in Gond tribes. As per the petitioner these sub castes are notified by the State of Uttar Pradesh as Scheduled Tribes in the Districts of Maharajganj, Siddharth Nagar, Gorakhpur, Deoria, Mau, Azamgarh, Jaunpur, Ballia, Ghazipur, Varanasi, Mirzapur and Sonbhadra and as scheduled castes in remaining districts. The District where the sub castes aforesaid are treated as scheduled tribes, the competent authorities are not releasing the certificates treating them as members of scheduled tribes.
The prayer, thus, is made to issue a direction to the competent authorities to enquire into the matter and if any person belonging to sub castes mentioned above applies for caste certificate then necessary certificate be issued by showing him as member of scheduled tribes.
Having considered all the facts of the case, we deem it appropriate to dispose of this petition for writ by directing the District Magistrates of the Districts Maharajganj, Siddharth Nagar, Gorakhpur, Deoria, Mau, Azamgarh, Jaunpur, Ballia, Ghazipur, Varanasi, Mirzapur and Sonbhadra to issue the caste certificate to the members of sub castes of Kahar community, which are Dhuriya, Gond, Naik, Ojha, Pathari and Raj-Gond in accordance with the Government of Uttar Pradesh directives and if such persons falls then within the category of scheduled tribes, then the certificate in this regard be issued.
Writ petition stands disposed of accordingly.
Order Date :- 24.8.2018 Prajapati [Chandra Dhari Singh, J] [Govind Mathur, J]