Point of Law: Article 348(1)(b) of Constitution under Chapter III provides as authoritative text of all Acts passed by Parliament or Legislature of a State.

JUDGMENT :

VIJAY BISHNOI, J.

1. This writ petition is filed by petitioner-Mahasabha, claiming itself to be a registered society, in the public interest. It is claimed that the petitioner is working for the rights of members of ‘Nayak’ community. The following reliefs have been sought by the petitioner:

“10. Reliefs as Prayed:

For the facts and circumstances as stated above, the petitioner-Society herein most respectfully submits that this Hon'ble Court may graciously be pleased to:

(A) By an appropriate writ, orders or directions the respondent State may kindly be directed to correct/update/rectify the updation of the Hindi Version of Nayaka caste as ‘Nayak’ on the e-mitra website (http:www.emitra.gov.in) or any other Government website.

(B) By an appropriate writ, orders or directions, emitra website (http://www.emitra.gov.in) or any other Government website may kindly be updated as per the version ‘Nayak’) which is notified in the Scheduled Tribe List in the Act of 1976.

(C) By an appropriate writ, orders Or directions, the respondents State may kindly be directed to issue Scheduled Tribe certificate to members of the Nayaka community while considering the Hindi Version ‘Nayak’ as correct version for the Nayaka caste.

(D) By an appropriate writ, order or direction, any order or notification passed by the respondent Government of Rajasthan in violation of the Schedule II of the Act of 1976 by which any modification/updation/correction has been made by the respondent Government of Rajasthan without adhering to the Article 342 of the Constitution of India as well as the modalities approved by the Government of India may kindly be quashed and set aside.

(E) Any other appropriate writ, orders directions which this Hon'ble court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner-Society.

(F) Writ petition filed by the petitioner-Society may kindly be allowed with costs.”

2. It is stated in the petition that in the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (hereinafter to be referred as ‘the Act of 1976’) dated 20.09.1976 (in English version) ‘Nayak’ community has been notified in Scheduled Caste List at serial No. 57, whereas the ‘Nayaka’ community has been notified in Scheduled Tribe List at serial No. 10. It is further mentioned that in Hindi version of Scheduled Caste and Scheduled Tribe List ‘Nayak’ community has been notified in the Scheduled Caste List at serial No. 57 and again ‘Nayak’ community has been notified in the Scheduled Tribe List at Serial No. 10.

3. It is mentioned in the petition that the grievance of the petitioner is that the members of the society and other individuals of the ‘Nayak’ community, living throughout the State of Rajasthan, are the members of the Scheduled Tribes category of the State of Rajasthan and were previously being issued Scheduled Tribes Caste certificate by the concerning authorities but subsequently, due to difference in pronouncing and writing the caste in English and Hindi, the members of the ‘Nayak’ community are now being issued Scheduled Caste certificate instead of Scheduled Tribes certificate.

4. It is contended that the Tehsildar (Revenue), Bikaner made a communication with the Department of Information Technology and Communication, Government of Rajasthan on 01.10.2012 stating that the ‘Nayak’ Caste in Bikaner District comes in the ambit of Scheduled Caste List, but at serial No. 10 of website of Social Welfare Department, the ‘Nayak’ Caste is shown as Scheduled Tribe Category. The Tehsildar referring to the communication dated 27/28.01.2009 made by the Ministry of Tribal Affairs has stated that the Hindi version of ‘Nayaka’ should be ‘Nayaka’ instead of ‘Nayak’ which falls under the Scheduled Tribe Category, whereas the ‘Nayak’ Caste falls under the Scheduled Caste category, therefore, the website of Social Welfare Department be corrected, so that wrong caste certificates are not issued to the membe