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2018 Supreme(Raj) 1495
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MOHAMMAD RAFIQ, GOVERDHAN BARDHAR, JJ.
Sant Ladhunath Nayak Sewa Sanstha - Appellant
Versus
Union Of India - Respondent
D.B. Civil Writ Petition No.496 of 2013
Decided on : 16-11-2018
Advocate Appeared:
For the Appellant : Mr. Ajay Gupta with Mr. Raja Venkatappa Naik
For the Respondent: Mr. B.S. Chhaba, Ms. Anita Agarwal with Mr. Praneet Sharma, Mr. Rishi Pal Agarwal, Adv
Headnote:
Societies Registration Act – Articles 341 and 342 – Constitution of India – Writ petition has preferred by Sant Ladhunath Nayak Sewa Sanstha, Sikar, through its President, as petitioner 1, which is registered as charitable society and Sitaram Nayak son of Shri Durga Prasad Nayak, himself as petitioner 2, inter-alia with prayer that respondents be directed to issue Scheduled Tribe certificate to petitioner 2 as well as all members of Nayak community in whole of State, treating them to be members of Scheduled Tribes category of State of Rajasthan, Prayer is also made for issuing direction to respondents to delete term ‘Nayak’ as incorporated which came into force with effect by declaring the same to be vocative Further direction has sought to respondents to continue only ‘Thori’ caste listed under the Scheduled Caste list of Rajasthan State and caste prefixed as ‘Nayak’ be deleted therefrom in interest of justice and equity –Held, Court is not in position to declare ‘Nayak’ community has wrongly included in list of Scheduled Castes pertaining to State of Rajasthan in Presidential Order, as modified by Scheduled Castes and should have included in list of Scheduled Tribes. Whatever may have reasons for inclusion of ‘Nayak’ along-side ‘Thori’ in list of Scheduled Caste category, this court cannot go into correctness of same, mention of ‘Nayak’ in Hindi version of list pertaining to Scheduled Tribe at serial no.10 of Hindi version appended to Scheduled Castes and Scheduled Tribes Act, 1976, it has authoritatively clarified by Government of India as would be evident from letter of Ministry of Tribal Affairs, Government of India, Shastri Bhawan, New Delhi. Article 348(1)(b) of the Constitution under Chapter XXX provides as “authoritative text - (ii) of all Acts passed by Parliament or Legislature of State and of all Ordinances promulgated by President or Governor of State; and (iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or Legislature of State shall be in English version, ‘Nayak’ has completely spelt and included in list of Scheduled Castes, and it has to be taken as correct version – Writ petition dismissed. (Para 24, 25)
Facts of the case: Writ petition has preferred by Sant Ladhunath Nayak Sewa Sanstha, Sikar, through its President, as petitioner 1, which is registered as charitable society and Sitaram Nayak son of Shri Durga Prasad Nayak, himself as petitioner 2, inter-alia with prayer that respondents be directed to issue Scheduled Tribe certificate to petitioner 2 as well as all members of Nayak community in whole of State, treating them to be members of Scheduled Tribes category of State of Rajasthan, Prayer is also made for issuing direction to respondents to delete term ‘Nayak’ as incorporated which came into force with effect by declaring the same to be vocative Further direction has sought to respondents to continue only ‘Thori’ caste listed under the Scheduled Caste list of Rajasthan State and caste prefixed as ‘Nayak’ be deleted therefrom in interest of justice and equity.
Findings of the court: Court is not in position to declare ‘Nayak’ community has wrongly included in list of Scheduled Castes pertaining to State of Rajasthan in Presidential Order, as modified by Scheduled Castes and should have included in list of Scheduled Tribes. Whatever may have reasons for inclusion of ‘Nayak’ along-side ‘Thori’ in list of Scheduled Caste category, this court cannot go into correctness of same, mention of ‘Nayak’ in Hindi version of list pertaining to Scheduled Tribe at serial no.10 of Hindi version appended to Scheduled Castes and Scheduled Tribes Act, 1976, it has authoritatively clarified by Government of India as would be evident from letter of Ministry of Tribal Affairs, Government of India, Shastri Bhawan, New Delhi. Article 348(1)(b) of the Constitution under Chapter XXX provides as “authoritative text - (ii) of all Acts passed by Parliament or Legislature of State and of all Ordinances promulgated by President or Governor of State; and (iii) of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or Legislature of State shall be in English version, ‘Nayak’ has completely spelt and included in list of Scheduled Castes, and it has to be taken as correct version.
Result: Writ petition dismissed
Mohammad Rafiq, J.
1. This writ petition has been preferred by Sant Ladhunath Nayak Sewa Sanstha, Sikar, through its President Sitaram Nayak, as petitioner no.1, which is registered as a charitable society under the Societies Registration Act, and Sitaram Nayak son of Shri Durga Prasad Nayak, himself as petitioner no.2, inter-alia with the prayer that the respondents be directed to issue Scheduled Tribe certificate to the petitioner no.2 as well as all the members of the Nayak community in the whole of the State, treating them to be the members of the Scheduled Tribes cat egory of the State of Rajasthan. Prayer is also made for issuing a direction to the respondents to delete the term ‘Nayak’ from Serial No.57 of Part XIV Rajasthan of Schedule-1 of the Constitution (Scheduled Castes) Order, 1950, as incorporated on 20.09.1976, which came into force with effect from 22.07.1977 by declaring the same to be violative of Articles 341 and 342 of the Constitution of India. Further direction has been sought to the respondents to continue only ‘Thori’ caste listed under the Scheduled Caste list of Rajasthan State and the caste prefixed as ‘Nayak’ be deleted therefrom in the interest of justice and equity.
2. Mr. Ajay Gupta, learned counsel for the petitioners, has submitted that the Rajasthan State has been referred to in Part XIV, Rajasthan, in the Constitution (Scheduled Castes) Order, 1950, which was issued on 11.08.1950, wherein caste ‘Thori’ was described as Scheduled Caste at Serial No.42. Similarly, in the Constitution (Scheduled Tribes) Order, 1950, which was issued on 06.09.1950, Rajasthan State has been referred to in Part XII, wherein the Scheduled Tribes of Rajasthan State have been shown. Therein ‘Nayak’ community has been shown as Scheduled Tribe. However, the revision in the Constitution (Scheduled Tribes) Order, 1950, took place on 27.07.1977 and Entry No.10 of Part XIII Rajasthan describes the castes of Scheduled Tribes as ‘Naikda, Nayak, Cholivala Nayak, Kapadia Nayak, Mota Nayak, Nana Nayak’. In Part 15-Rajasthan of the First Schedule attached to the Scheduled Castes and Scheduled Tribes (Amendment) Act, 1976, promulgated on 18.09.1976, two castes ‘Thori’, ‘Nayak’ have been separately included at Serial No.57 thereof as Scheduled Castes. However, in Part XIII relating to Rajasthan, of the Second Schedule attached to the Act of 1976, the castes ‘Naikda’, ‘Nayak’, ‘Cholivala Nayak’, ‘Kapadia Nayak’, ‘Mota Nayak’, ‘Nana Nayak’ have been included as Scheduled Tribes at Serial No.10 thereof.
3. Mr. Ajay Gupta, the learned counsel for the petitioners, also referred to the list of Scheduled Castes and Scheduled Tribes in Rajasthan published in the Gazette of India Extra Ordinary Part-II dated 20.09.1976 by the Ministry of Law, Justice and Company Affairs (Law Department), Government of India, and at serial no.10 of the Scheduled Tribes therein, the castes, namely, ‘Naikda’, ‘Nayak’, ‘Cholivala Nayak’, ‘Kapadia Nayak’, ‘Mota Nayak’, ‘Nana Nayak’, have been mentioned. The learned counsel for the petitioners submitted that the book Census of India 1951, Rajasthan and Ajmer Part-I General Description and Census Table Book No.I/745, B/2 VI on Page No.7, indicates that in the list of Scheduled Castes published in the Notification, Gazette of India, Extraordinary Part II, Section 3, No.27, dated 11th August, 1950, Order No.S.R.C.510 dated 6th September, 1950’, the caste ‘Thori’ has been mentioned at its serial no.42 separately. However, in the first column of Table XV-F.- captioned “Principal Castes Supported Mainly By Agriculture”, which are the castes based on traditional occupation, the caste ‘Thori’ mentioned at its bottom is described as ‘Hunters and followers’. It is thus evident that ‘Naik’ and ‘Thori’ have already been treated different and distinct. The Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956 was published vide Notification dated 29.10.1956 by the Ministry of Home Affairs and in its P
