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2006(3) JLJ 42
(SUPREME COURT)
H.K. Sema and Dr. A.A. Lakshrnanan, JJ.
Anjan Kumar v. Union of India and others
Civil Appeal No. 6445 of 2000 : against the order of M.P. High Court
passed in LPA No. 138 of 1999;
Decided on 14.2.2006.
The appellant Shri Anjan Kumar is the offshoot of the wedlock between Shri Lakshmi Kant Sahay, District Gaya, in the State of Bihar, and Smt. Angela Tigga who belongs to Scheduled Tribe community of Oraon Tribe, Village Pondi Potkona, Distt./Division Raigarh, State of Madhya Pradesh. By an order dated 7.8.1992, Scheduled Tribe certificate was issued to the appellant by SDM, Gaya, on the ground that the mother of the appellant, Smt. Angela Tigga, belongs to Oraon tribe which is recognised as a Schedule Tribe in the State of Madhya Pradesh. [Para 1
The sole question which calls for determination in this appeal is as to whether the offshoot of the tribal woman married to non-Tribal husband could claim status of Scheduled Tribe and on the basis of which the Scheduled Tribe certificate could be given. [Para 4
Held : In this connection, he has referred to a circular dated 4.3.1975 issued by the Government of India, Ministry of Home Affairs on the subject "Status of children belonging to the couple one of whom belongs to Schedule Castes/Scheduled Tribes". He particularly referred to the portion when a Scheduled tribe woman marries a non-Scheduled Tribe man, the children from such marriage may be treated as members of the Scheduled Tribe community, if the marriage is accepted by the community and the children are treated as members of their own community. Such circulars issued from time to time, being not law within the meaning of Article 13 of the Constitution, it would be of no assistance to the appellant on the face of the constitutional provisions. [Para 5
The condition precedent for granting Tribe certificate being that one must suffer disabilities wherefrom one belongs, the offshoots of the wedlock of a Tribal woman married to a non-Tribal husband -- Forward Class (Kayastha in the present case) -- cannot claim Scheduled Tribe status. The reasons being, such offshoot was brought up in the atmosphere of Forward Class and he is not subjected to any disability. [Para 14
(2) Practice -- caste system in India -- in absence of statutory law, a person would inherit his caste from his father and not his mother even in the case of inter-caste marriage. (2003)8 SCC 2004 relied on. [Para 12
(3) Constitution of India -- Art. 342 -- condition precedent for acquiring Scheduled Tribes certificate -- one must suffer the disabilities socially, economically and educationally. (1996)3 SCC 545, 1995 Supp. (2) SCC 549 and (1995)6 SCC 309 relied on. [Para 13
(4) Constitution of India -- Arts. 341, 342, 15(4), 16(4) and 16(4A) -- object is to provide preferential treatment for Scheduled Castes and Scheduled Tribes having regard to economical and educational backwardness -- transplantation of outsiders may dilute their way of life -- apart from this such person do not suffer any disabilities. [Para 9
(5) Constitution of India -- Art. 342 -- Schedule Tribe -- is a social group of simple kind -- usually composed of a number of local communities. (2004)3 SCC 429 relied on. [Para 8
¼1½ Hkkjr dk lafo/kku && vuq- 342 rFkk 13 && vuqlwfpr tutkfr dh L=h xSj&tutkrh ifr ls fookfgr && mldh larkusa && mUgsa vuqlwfpr tutkfr dk ekuus laca/kh ifji= && fof/k ugha gS && og vuqlwfpr tutkfr dh gSfl;r dk nkok ugha dj ldrhaA vihykFkhZ Jh vatu dqekj fcgkj jkT; ds ftyk x;k ds Jh y{ehdkar lgk; vkSj Jherh ,atsyk fVXxk ds] tks e/; izns‘k jkT; ds ftyk@laHkkx jk;x<+] xzke iksaMh iksVdksuk dh mjk¡o tutkfr ds vuqlwfpr tutkfr leqnk; dh gS] e/; fookg ls tUek gSA vkn‘k fnukad 7-8-1992 }kjk mi[kaM eftLVªsV] x;k }kjk vihykFkhZ dks vuqlwfpr tutkfr izek.ki= bl vk/kkj ij tkjh fd;k x;k fd vihykFkhZ dks vuqlwfpr tutkfr izek.ki= bl vk/kkj ij tkjh fd;k x;k fd vihykFkhZ dh ekrk Jherh ,atsyk fVXxk mjk¡o tutkfr dh gS ftls e/; izns‘k jkT; esa vuqlwfpr tutkfr ds :i esa ekU;rk izkIr gSA ¼iSjk 1 bl vihy esa vo/kkj.kkFkZ ,dek= iz‘u ;g gS fd D;k xSj&tutkrh ifr ls fookfgr tutkrh; L=h dh larku vuqlwfpr tutkfr dh gSfl;r dk nkok dj ldrh gS rFkk D;k blds vk/kkj ij vuqlwfpr tutkfr dh gSfl;r dk nkok dj ldrh gS rFkk D;k blds vk/kkj ij vuqlwfpr tutkfr izek.ki= fn;k tk ldrk gS\ ¼iSjk 4 vfHkfu/kkZfjr % bl laca/k esa vihykFkhZ ds dkmUlsy us Hkkjr ljdkj] x`g ea=ky; }kjk ^^,sls naifr;ksa dh larkuksa dh gSfl;r ftuesa ls ,d vuqlwfpr tkfr@vlqlwfpr tutkfr dk gS** fo"k; ij tkjh fd, x, ifji= fnukad 4-3-1975 dk funsZ‘k fd;k gSA mUgksaus fof‘k‘Vr% bl va‘k dk funsZ‘k fd;k fd tc vuqlwfpr tutkfr dh L=h xSj&vuqlwfpr tutkrh; iq:‘k ls fookg djrh gS rc ,sls fookg dh larkusa vuqlwfpr tutkfr leqnk; dh lnL; ekuh tk ldrh gSa ;fn fookg leqnk; }kjk Lohdkj dj fy;k x;k gks vkSj larkusa mUgha ds leqnk; dh lnL; ekuh tkrh gksaA le;≤ ij tkjh fd, x, ,sls ifji= lafo/kku ds vuqPNsn 13 ds vFkkZarxZr fof/k ugha gksus ds dkj.k ;g ifjfi=] lkafo/kkfud mica/kksa ds fo:)] vihykFkhZ dks lgk;d ugha gksxkA ¼iSjk 5 tutkfr izek.ki= iznku fd, tkus ds fy, iwoZ&‘krZ ;g gksus ds dkj.k fd fdlh leqnk; dk gksus ds dkj.k O;fDr fu%‘kDrrk ls xzLr gks] xSj&vuqlwfpr tutkrh; ifr && mUur oxZ ¼izLrqr ekeys esa dk;LFk½ && ls fookfgr vuqlwfpr tutkfr dh L=h dh larku vuqlwfpr tutkfr dh gSfl;r dk nkok ugha dj ldrhA dkj.k ;g gS fd ,slh larku dk ykyu&ikyu mUur oxZ ds okrkoj.k esa gqvk rFkk og fdlh fu%‘kDrrk ls xzLr ugha gSA ¼iSjk 14 ¼2½ izFkk && Hkkjr esa tkfr iz.kkyh && dkuwuh fof/k ds vHkko esa] varjtkrh; fookg ds ekeys esa Hkh O;fDr dks mldh tkfr vius firk ls fojklr esa izkIr gksrh gS] ekrk ls ughaA ¼2003½8 ,l lh lh 204 voyafcrA ¼iSjk 12 ¼3½ Hkkjr dk lafo/kku && vuq- 342 && vuqlwfpr tutkfr izek.ki= vftZr djus ds fy, iwoZ&‘krZ && O;fDr lkekftd] vkfFkZd vkSj ‘kSf{kd :i ls fu%‘kDrrk ls xzLr gksA ¼1996½3 ,l lh lh 545] 1995 lIyh-¼2½ ,l lh lh 549 rFkk ¼1995½6 ,l lh lh 309 voyafcrA ¼iSjk 13 ¼4½ Hkkjr dk lafo/kku && vuq- 341] 342] 15¼4½] 16¼4½ rFkk 16¼4d½ && mn~ns‘; gS vkfFkZd vkSj ‘kS{kf.kd fiNM+kiu /;ku esa j[krs gq, vuqlwfpr tkfr;ksa vkSj vuqlwfpr tutkfr;ksa dks vf/kekuh O;ogkj micaf/kr djuk && ckgjh O;fDr;ksa ds izfrjksi.k ls mudh thou‘kSyh ruwd`r gks ldrh gS && blds vfrfjDr] ,sls O;fDr fdlh fu%‘kDrrk ls xzLr ugha gksrsA ¼iSjk 9 ¼5½ Hkkjr dk lafo/kku && vuq- 342 && vuqlwfpr tutkfr && lknk izdkj dk lkekftd lewg gS && lkekU;r% dqN LFkkuh; leqnk;ksa ls la?kfVr gksrk gSA ¼2004½3 ,l lh lh 429 voyafcrA ¼iSjk 8
Sema, J. -- 1. The appellant Shri Anjan Kumar is the offshoot of the wedlock between Shri Lakshmi Kant Sahay, District Gaya, in the State of' Bihar, and Smt. Angela Tigga who belongs to Scheduled Tribe community of Oraon tribe, Village Pondi Potkona, Distt./Division Raigarh, State of Madhya Pradesh. By an order dated 7.8.1992, Scheduled Tribe certificate was issued to the appellant by SDM, Gaya, on the ground that the mother of the appellant, Smt. Angela Tigga, belongs to Onion Tribe which is recognised as a Scheduled Tribe in the State of Madhya Pradesh. The appellant appeared for the Civil Service Examination in 1991 conducted by the Union Public Service Commission claiming himself to buy Scheduled Tribe candidate. In the said examination he had passed the written test but could not qualify in the interview. He again appeared in the Civil Service Examination conducted by the Union Public Service Commission in the year 1992 and passed the written examination. In 1993 he was called for interview. The result of the successful candidates was published and he stood at 759th rank in order of merit. He was also allotted Indian Information Service Grade A. However, the appellant did not receive any final posting order, which had resulted in tiling many representations to the Union of India. In one of the representations dated 14.9.1994, the appellant also stated that he belongs to Scheduled Tribe category and his sub-caste is Oraon.
2. Having failed to receive any positive response from the respondents, he filed an original application before the Central Administrative Tribunal, Principal Bench, New Delhi, being OA No. 2291 of 1994, inter alia seeking direction to the Union of India to allow the appellant to join training. In response to the notice issued by the Tribunal, the Union of India, by its letter dated 9.11.1994, conveyed to the Tribunal that the appellant has not been brought up in tribal environment and that his father is a non-tribal and, therefore, he cannot be treated as a Scheduled Tribe. Further, the Union of India, as directed by the Tribunal, conducted the enquiry into the question whether the appellant belongs to Scheduled Tribe community and the enquiry was conducted by the Additional District Collector, Jaispurnagar, District Raigarh, Madhya Pradesh, and the report was submitted on 26.6.1995. The enquiry report obviously was against the appellant. After examining the enquiry report submitted as aforestated, the Tribunal ultimately dismissed the Original Application No. 2291 of 1994 by order dated 12.12.1995. Aggrieved thereby the appellant filed a writ petition being CWP No. 647 of 1997 before the High Court of Madhya Pradesh at Jabalpur, inter alia challenging the enquiry report submitted by the enquiry officer on the allegation of violation of the principles of natural justice inasmuch as no opportunity of hearing had been accorded to the appellant. The learned Single Judge of the High Court, after perusing the records and the enquiry report submitted by the enquiry officer, dismissed the writ petition by order dated 22.1.1999. The appellant thereafter carried an unsuccessful appeal before the Division Bench in LPA No. 138 of 1999, which was dismissed by the LPA Bench on 3.12.1999. Hence, the present appeal by special leave.
3. We have heard the parties at length.
4. The sole question which calls for determination in this appeal is as to whether the offshoot of the tribal woman married to non-tribal husband could claim status of Scheduled tribe and on the basis of which the Scheduled tribe certificate could be given.
5. It is contended by Mr. M.N. Krishnamani, learned senior counsel that the enquiry officer conducted the enquiry behind the back of the appellant and therefore, the learned Single Judge as well as the Division Bench erred in law dismissing the petition/appeal by placing reliance on the enquiry report and the material collected during the course of the enquiry. He further contended that the ma
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