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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE DEEPAK ROSHAN, J
Binod Baraik Son Of Chandra Mohan Baraik – Appellant
Versus
State Of Jharkhand – Respondent
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
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.
The court reaffirmed that established familial relations proven through recognized validity certificates must be honored, barring evidence of fraud.
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
The court emphasized the necessity for fair inquiry processes and the principle of inherited social status in inter-caste marriages, ruling that the petitioner was wrongly denied Scheduled Tribe stat....
The court emphasized the importance of objective analysis and compliance with legal provisions and precedents in determining the validity of Scheduled Tribe claims.
Unilateral withdrawal of a recommendation for a Scheduled Tribe certificate without due process violates constitutional protections for Scheduled Tribes.
Caste claims must be evaluated with pre-constitutional documents holding greater evidential value, and reliance on affinity tests, which do not definitively establish caste ties, is insufficient for ....
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