The Jharkhand High Court dismissed a petition filed by the State of Jharkhand against the Caste Scrutiny Committee report, which found that 'Tamaria' was a Subcaste of Munda caste and thereby came under the category of Scheduled Tribe.

The Caste Scrutiny Committee after due enquiry had found that, the Tamarias of Singhbhum are Patar Mundas and they are included in the notification issued by the President under Article 342(1) of the Constitution.

A single bench of Justice Gautam Kumar Choudhary held, “writ petition is not maintainable, particularly when Caste Scrutiny Committee has given a definite finding that Tamaria, was a Sub Caste of Munda caste. This is a finding of a fact which cannot be looked into in the exercise of writ jurisdiction. If the State feels that the said finding of fact is flawed, it is open for it to file declaratory suit with regard to the matter.”

Advocate Neil Abhijit Toppo appeared for the Petitioner, while Assistant Counsel to Additional Advocate General III Gaurav Raj represented the Respondent.

Brief Facts

The matter came to fore when an individual being appointed to the post of Deputy Director against a seat reserved for scheduled tribe candidates through 2nd JPSC examination claiming himself belonging to Munda caste. A complaint was made in this regard to the Deputy Commissioner, West Singhbhumand also to the Investigating Officer, Scheduled Tribe Commission, Ranchi. Afterthat, Deputy Commissioner called for an enquiry report. The matter finally travelled to Caste Scrutiny Committee which submitted its report stating that Tamaria was sub caste of Munda and therefore, it came within Scheduled Tribe.

Cause Title: The State of Jharkhand vs The State of Jharkhand (W.P. (C) No.3321 of 2024)

Appearance:

Petitioner Advocate Neil Abhijit Toppo

Respondent Assistant Counsel to Additional Advocate General III Gaurav Raj, Advocate Ashok Kumar Singh, Advocate Sharon Toppo,

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Justice Gautam Kumar ChoudharyJharkhand High Court

Joyeeta Roy