Introduction:

In a significant ruling, the Jharkhand High Court addressed the maintainability of a writ petition filed by one state department against another, concerning the recognition of the Tamaria caste as a sub-caste of the Munda tribe, thereby qualifying for Scheduled Tribe (ST) status. The case, titled The State of Jharkhand vs The State of Jharkhand, revolved around the Administrative Reforms and Rajbhasha Department challenging a report by the Caste Scrutiny Committee, chaired by the Secretary of the State’s Scheduled Tribe Department.

Arguments:

The petitioner department contended that the Caste Scrutiny Committee’s report lacked a definitive finding on the validity of the caste certificate issued to Kanu Ram Naag, who was appointed as Deputy Director under the ST quota. They argued that Tamaria was not explicitly listed as a Scheduled Tribe under the Presidential Order of 1950 and that only Munda, Mahli, and Patar were recognised. The department sought a writ to challenge the committee’s findings and the inclusion of Tamaria under the ST category.

Conversely, the respondent department maintained that the Caste Scrutiny Committee, after thorough investigation, concluded that Tamarias of Singhbhum are Patar Mundas, a recognized sub-group of the Munda tribe. They emphasized that the committee’s findings were based on anthropological studies and historical migration patterns, which indicated that Tamarias are indeed part of the Munda tribe and thus eligible for ST status.

Court’s Judgment:

Justice Gautam Kumar Choudhary, presiding over the case, dismissed the writ petition, holding that a writ filed by one department of the state against another is not maintainable. The court emphasised that the Caste Scrutiny Committee’s determination that Tamaria is a sub-caste of Munda is a finding of fact, which cannot be interfered with under writ jurisdiction. The court further stated that if the state believes the finding is flawed, the appropriate course of action would be to file a declaratory suit, not a writ petition.