The main legal point established in the judgment is the need for the Scheduled Castes and Scheduled Tribes Commission to decide the complaint regarding the Scheduled Tribes status of the respondents within a specified timeframe.

Rajiv Sharma, J.

Petitioner has challenged the Scheduled Tribes Caste Certificate issued in favour of respondent nos.5 and 6 on 16.07.1984 and 08.07.2006 respectively.

2. The case of the petitioner, in a nutshell, is that the respondent nos.5 and 6 are Nepali Gorkhas in origin and they could not be issued Scheduled Tribes certificates.

3. Petitioner has placed reliance upon the report furnished by Lekhpal on 14.12.2006. The complaint was lodged by the petitioner. The matter was looked into by Tehsildar i.e. respondent no.4 vide report dated 09.12.2006.

4. Shri Ran Bahadur was the father of respondent no.5 and grandfather of respondent no.6.

5. It is evident from the report dated 09.12.2006 that a land measuring 1.17 acre was registered in the Revenue records in the year 1949-50, in the name of Ran Bahadur, Nar Bahadur and Dhan Bahadur. In the year 1963, land measuring 3.26 acre was registered in the name of Ran Bahadur.

6. The father of Bachan Singh, Mr. Major Singh has obtained his education from Junior High School, Tiuni, Chakrata. His date of birth is registered as 25.09.1955. His caste was registered as Rajput. The father of Mr. Major Singh was residing in village Darmigaad, before independence. In the electoral roll, the name of Mr. Ran Bahadur was registered at Sl. No.398 and the name of Mr. Major Singh was registered at Sl. No.403.

7. In the subsequent revenue records, the names of father and grandfather of respondent nos.5 and 6 are entered. Mr. Major Singh was working as in-charge Post office at village Darmigaad. The marriage of the family members of respondent nos.5 and 6 was solemnized in the same area. Respondent nos.5 and 6 were issued Scheduled Tribes Caste Certificates on 16.07.1984 and 08.07.2006 respectively.

8. The Ministry of Law has issued notification on 24.06.1967, whereby the tribes or tribal communities, or parts of, or groups within, tribes or tribal communities, specified in the Schedule to the Order, shall, for the purpose of the Constitution of India be deemed to be Scheduled Tribes in relation to the State of Uttar Pradesh so far as regards members thereof resident of that State. In the schedule, Jaunasari is mentioned at Sl. No.3. Respondent nos.5 and 6 are residing in Jaunasari area.

9. The Secretary, Ministry of Tribal Affairs, Govt. of India has sent a communication on 10.09.2001 to the Secretary, Social Welfare Department, Govt. of Uttranchal for exclusion of Khasa Jaunsaris viz. Rajputs and Brahmins who are relatively advanced sections from the Scheduled Tribes category. A copy of letter dated 10.09.2011 was placed on record by learned counsel for the respondent nos.5 and 6. However, the Govt. of Uttranchal under its letter dated 28.08.2001 has interalia suggested that the original entry may be retained.

10. Learned counsel for the petitioner has vehemently argued that every person belonging to Jaunsar cannot claim themselves to be Scheduled Tribes. It is evident from the notification dated 24.06.1967 that all the persons irrespective of their castes living in Jaunsari area were to be converted into Scheduled Tribes status.

11. Respondent nos.5 and 6 were born in India after its independence. The Sub-Divisional Magistrate, Tyuni has also sent the report to the Secretary, Scheduled Castes and Scheduled Tribes Commission, State of Uttarakhand on 14.12.2007. The Sub-Divisional Magistrate, Tyuni has recorded the statements of witnesses of complainant as well as respondent nos.5 and 6.

12. He has also referred to the inquiry conducted by respondent no.3 on 09.12.2006, on which, much reliance was placed, pertains to removal of illegal encroachment. It has nothing to do with the issuance of caste certificate.

13. In AIR 1964 Patna 201, in the case of “Kartik Oraon vs. David Munzni & another”, the Division Bench of Patna High Court has defined the term “Tribe” as under: -

“14. "Tribe" has been defined in Encyclopaedia Britannica, Volume 22, 1961 edition, at page 465, by W. H. R. Rivers as "a social grou