This High Court disposed of a writ petition challenging rejections of Scheduled Tribe certificates. It directed authorities to decide the case based on specific precedents within six weeks without examining merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No. 2951/2022 Decided on: 14.06.2023 Santosh Kumar & Ors. .…Petitioners
Versus
State of H.P. & Ors. ……Respondents
Coram
The Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
For the petitioners : Mr. R.K. Bawa, Sr. Advocate with Mr. Ajay Kumar Sharma, Advocate.
For the respondents : Mr. Y.P.S. Dhaulta, Additional Advocate General.
Jyotsna Rewal Dua, J
This writ petition has been preferred for the grant of
following substantive reliefs:-
“(a) To set aside and quash the impugned orders dated 11.3.2022, 4.4.2022 and 6.4.2022 rejecting the applications of the petitioners for grant of Scheduled Tribe certificates and further to direct the respondents to issue Scheduled Tribe certificates in favour of the petitioners as they belong to Kinaura tribe/community which is recognized as a Scheduled Tribe community;
b) To direct the respondents to treat the petitioners belonging to Kinaura tribe/community, which is duly recognized as Scheduled Tribe community for all intents and purposes. c) To call for the entire record including the records pertaining to online applications for issuance of scheduled tribe certificates filed by the petitioners and rejection orders dated 11.3.2022, 4.4.2022 and
1 Whether reporters of the local papers may be allowed to see the judgment?
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6.4.2022, pertaining to the case for the kind perusal of this Hon'ble Court.”
Sh. Man Bahadur, father of petitioner No.1 had come to Kinnaur at a very young age. Petitioner No.1 was born to Smt. Udhab Devi wife of late Sh. Man Bahadur. Petitioner No.1 was born and brought up in village Katgaon, Tehsil Nichar, District Kinnaur, H.P. He was brought up as Scheduled Tribe by his parents. Petitioner No.1 got married with Smt. Anjana Kumari, who is also a member of Schedule Tribe Community. Copies of scheduled tribe certificates of Smt. Udhab Devi and Smt. Anjana Kumari have been placed on record. It has
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further been submitted that petitioner No.1 alongwith his family including his children (petitioners No.2 and 3) are residing at village Katgaon, Tehsil Nichar, District Kinnaur, H.P. Certificates of Bonafide Himachali issued in favour of the petitioners have also been appended with the writ petition. The grievance of the petitioners is that the respondents have wrongly held them not entitled for the grant of Scheduled Tribe Certificates, hence, this writ petition has been filed for claiming the relief extracted above.
Prayer is not opposed by learned Additional Advocate General.
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petition is disposed of by directing the respondents/competent authority to consider and decide the case of the petitioners, in accordance with law and in light of the aforesaid judgments within a period of six weeks by passing a reasoned order, which shall be communicated to the petitioners. Pending miscellaneous application(s), if any, shall also
stand disposed of.
Jyotsna Rewal Dua Judge
14th June 2023 (Rohit)
1 issue framed by the court
Whether petitioners eligible for Scheduled Tribe certificates despite prior rejection?
Colour shows how this judgement treated each authority
Sreshta Devi Vs. State of H.P. & Ors.Referred¶22
LPA No. 39/2017 (Sreshta Devi Vs. State of H.P. & Ors.)
Murari Lal Vs. State of H.P. & Ors.Referred¶22
CWP No. 4360/2014 (Murari Lal Vs. State of H.P. & Ors.)
Santosh Kumar & Ors.
State of H.P. & Ors.
Jyotsna Rewal Dua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
