Back
2025 Supreme(Jhk) 403
IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J.
Binod Baraik S/o Chandra Mohan Baraik - Appellant
Versus
The State of Jharkhand - Respondent
W.P. (C) No. 415 of 2023
Decided On : 05-12-2024
Advocate Appeared:
For the Petitioner: Mr. Rajeeva Sharma, Sr.Adv.
Mr. Om Prakash, Adv.
For the Resp.-State : Mr. Ashutosh Anand, AAG-III
Mr. Sahbaj Akhtar, A.C. to AAG-III
The classification of Scheduled Tribes is strictly governed by the Constitution, and alterations can only be made by Parliament, not by state authorities or courts.
Headnote:
(A) Constitution of India - Article 342 - Scheduled Tribes Order - Writ application challenging denial of Scheduled Tribe Caste certificate for 'Chik Baraik' based on Record of Rights that identifies caste as 'Baraik' - Petitioner claims that 'Baraik' is synonymous with 'Chik Baraik' based on prior court rulings and community customs. (Paras 2, 4, 7, 8, 9)
(B) Legal principles on Scheduled Tribes - The court reiterated that any modification to the list of Scheduled Tribes can only be done by Parliament, and no inquiry or evidence can alter the prescribed list. (Paras 8, 9)
Facts of the case:
The petitioner applied for a Scheduled Tribe Caste certificate as 'Chik Baraik', previously denied based on the Record of Rights showing 'Baraik'. Previous court orders directed the proper authority to decide on the matter, but subsequent rejection occurred based on community inquiries. (Paras 3, 4, 6)
Findings of Court:
The Caste Scrutiny Committee's decision to reject the petitioner's application was upheld, emphasizing that the legal framework does not allow for modifications to the Scheduled Tribes list by state authorities. (Paras 8, 9)
Issues: The primary issue was whether 'Baraik' can be classified as 'Chik Baraik' for the purpose of obtaining a Scheduled Tribe Caste certificate. (Paras 7, 9)
Ratio Decidendi: The court held that the classification of Scheduled Tribes is strictly governed by the Constitution, and no authority can alter this without parliamentary legislation. (Paras 8, 9)
Result: Writ application stands dismissed.
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. This writ application has been preferred by the petitioner for the following reliefs:
(i) To quash letter contained in memo no. 87(ii) dated 04.02.2022 (Annexure-1) issued by Circle officer, Sonahatu, District-Ranchi (respondent no 9) whereby and whereunder, the petitioner is denied Schedule Tribe Caste certificate of "Chik Baraik" on the ground that in the Record of Rights (Revisional Khatiyan), the caste of the petitioner is shown as "Baraik" in column of caste whereas, the petitioner is claiming Caste Certificate of "Chik Baraik" and under the circumstances, it was not possible to issue the Schedule Tribe Caste Certificate of "Chik Baraik".
(ii) Further, for a direction upon the concerned respondent to issue Schedule Tribe Caste certificate of "Chik Baraik", so that he may be able to appear in government services including services of police in future.
(iii) Further, for direction upon the concerned respondents to take necessary action against the Circle Officer, Sonahatu and Respondent No. 2 for not exercising the powers vested in them and by not complying with the order dated 07.06.2022 passed by this Hon'ble Court contained in W.P.C No. 1688/2022.
(iv) Further for a direction to declare the conduct of Respondent No. 2 amounts to contempt of the order passed by this Court.
(iv) Further for quashing the order contained in memo no. 1426 dated 23.06.2023 passed by the Joint Secretary-cum-Member, Caste Scrutiny Committee, Ranchi as being wholly arbitrary and contrary to the finding of Gram Sabha and further for condemning the arbitrariness of the respondents passing orders on matter of granting caste certificate of Schedule tribe of 'Chik Baraik' in colourable exercise of the constitutional power ignoring the government order and verdicts of the Hon'ble Court.
3. The brief facts of this case are that earlier a writ application has been preferred by the petitioner bearing W.P.(C) No. 1688 of 2022 which was disposed of by giving liberty to the petitioner to prefer an application before the respondent no.3 along with all supporting documents and directed the respondent no.3 to provide due opportunity of hearing to the petitioner on receipt of his application and after making an enquiry take an informed decision in accordance with law. Thereafter, the petitioner filed an application dated 13.06.2022 before the respondent no. 3, requesting for issuance of Scheduled Tribe Caste Certificate as he belonged to the Caste of "Chik Baraik". When no order was passed by the State Caste Scrutiny Committee then the instant writ application was filed and during pendency of this writ application an order contained in Memo No. 1426 dated 23.06.2023 passed by the Joint Secretary-cum- Member Secretary, Caste Scrutiny Committee, the application of the petitioner for grant of Scheduled Tribe Caste Certificate of "Chik Baraik" was rejected. Hence, this writ application.
4. Learned Counsel for the petitioner submits that Division Bench of Patna High Court has already held vide its order dated 16.11.1987, passed in CWJC No. 1638 of 1987(R), that "Baraik" are really "Chik Baraik". He further submits that the District Welfare Officer, Ranchi vide letter dated 05.09.1986 has held that all the people of the caste of Baraik are really "Chik Baraik", and that the custom of these people are identical to the custom of "Aadiwasi Community" and the petitioner's father namely, Chandra Mohan Baraik has been issued Caste Certificate of Chik Baraik by the District Welfare Officer, Ranchi vide Certificate dated 30.09.1992. He further submits that the relatives of the petitioner, namely, Ashutosh Raj Baraik and Suresh Baraik have been issued Caste Certificate of "Chik Baraik" by the Sub-Divisional Officer, Bundu and Block Development Officer, Sonahatu dated 19.08.2016 and 30.11.2016, respectively and the Mukhiya (Pramukh) of the petitioner's village has duly certified vide letter dated 09.03.2022, that t
