ORDER :

1. This writ petition is under Article 226 of the Constitution of India whereby and whereunder the petitioners have sought for a direction under Article 226 of the Constitution of India to direct the respondents to issue caste certificate to the petitioners who are “Mal Paharia” by caste, a schedule tribe.

2. It is the case of the petitioners that they belong to “Mal Paharia” caste and “Mal” and “Mal Paharia” are similar castes since the “Mal” is a subcategory of the Paharia Tribe and therefore, it has to be treated as a Schedule Tribe caste as per the Constitution mandate as contained under Article 366 Clause 25 thereof, wherein the definition of Schedule Tribe has been defined which means such Tribes or Tribal Communities or parts of or groups within such Tribes or Tribal Communities as are deemed under Article 342 to be Scheduled Tribes for the purpose of this Constitution and since the petitioners are “Mal Paharia” and they are being treated as Schedule Tribes and the petitioner No.2 was earlier issued a caste certificate by Sub-Divisional Officer, Boarijore Block on 17.10.2003 as of “Mal Paharia” caste which is a schedule tribe and therefore, the petitioners being “Mal” also needs to be issued the caste certificate showing them to be “Mal Paharia” but having not done so, it compelled the petitioners to file this writ petition.

3. Counter affidavit has been filed by the State respondent wherein inter alia the ground has been taken, more particularly at paragraph 6 thereof, whereby and whereunder stand has been taken that the writ petition has been filed for issuance of caste certificate treating the “Mal” as “Mal Paharia”, a scheduled tribe of Jharhkand for which the petitioners have submitted applications in the year 2014 bringing therein to the notice of the authorities the land record (khatiyan) which envisages the petitioners as “Mal” but they are “Mal Paharias” and the State Government considering their claim directed the Deputy Commissioner, Sahibganj to ascertain their caste as per direction contained in Circular No.3540 dated 03.07.2004 and 3376 dated 05.06.2008 vide letter No.9739 dated 30.09.2014.

It has been further stated that their counterpart in West Bengal has been issued certificate of Schedule Tribe but the case certificate issued by the authority in West Bengal shows that the persons belong to Schedule Caste not the Schedule Tribes.

Further it transpires from the counter affidavit that the “Mal” is a Schedule Caste in the State at serial no.43 in the list of Schedule Caste for the State of West Bengal. As per the list of Scheduled Tribe for West Bengal, “Mal Paharia” is a tribe enlisted at serial No.28 as would appear from Annexure-E annexed to the counter affidavit.

Further it has been stated that the residence of the petitioners are located at the North tip of the State of Jharkhand adjoining District Maldah and Burdwan in West Bengal. As in the State of West Bengal “Mal” and “Mal Paharia” has been enlisted as Scheduled Caste and Scheduled Tribes in separate list respectively, the claim of the petitioner to consider “Mal” as “Mal Paharia” has no relevance.

It further appears from paragraph 13 thereof, that the Scheduled Tribe List of Jharkhand wherein the “Mal Paharia”, “Kumarbhag Paharia” figures at serial No.23 and “Sauria Paharia” at serial No.28 but there is no reference of caste “Mal”.

As per the decision of the Tribal Advisory Council, the State Government has proposed a proposal to rename “Mal Paharia”, “Kumrbhag Paharia” and “Sauria Paharia” as “Paharia” as would appear from Annexure-F to the counter affidavit and therefore, the conclusion has been arrived at making statement in the aforesaid counter affidavit that the “Mals” are not to be considered as “Mal Paharia”.

4. This Court after going across the pleadings made in the writ petition as also the counter affidavit is of the view that so far as giving of declaration with respect to caste is concerned, that is not within the domain of the High