IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 12334 of 2009 1 Akhil Bhartiya Kharia-Nonia Vikas Mahasangh (A Registered Society) having its Registered Office at G-I/42, Sitapuri, Part-2, New Delhi through its Secretary, Bihar Branch Sri Rajiv Kumar Prasad having its Branch Office at Village – Sohal Patti, P S – Basantpur, District - Siwan 2 Suresh Prasad, son of Sri Machhan Prasad, resident of Village – Sharmi, P S – Baniyapur, District – Saran 3 Rajendra Mahto, son of late Prayag Mahto, resident of Village – Panchpatia, P O – Deoria (Pratappur), P S – Autar Nagar, District – Saran -Petitioners Versus 1 The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna 2 The Secretary, Department of Personnel & Administrative Reforms, Government of Bihar, Old Secretariate, Patna 3 The Union of India through Secretary, Ministry of Personnel, Public Grievances & Pension, Department of Personnel & Training, North Block, New Delhi -Respondents ----------- 3 20.04.2010 This writ petition is more in the nature of a representative application by alleged members of Kharias/Kharia-Nonia Scheduled Tribe persons. Their grievance is that their ancestors were tribal and, in course of rehabilitation, had been brought to the planes. They do not belong to the planes of Bihar. Having stayed in different parts of the State at different times, they were granted Scheduled Tribe certificates by district authorities and other authorities as Kharia was duly notified Scheduled Tribe so far as Bihar is concerned. It appears that sometime back, a writ petition was filed in the Delhi High Court wherein a grievance was made that Delhi administration had employed large number of people on basis of Scheduled Caste certificates without verifying their genuineness. In other words, they were employed on forged certificates without verification. The Delhi High Court entrusted the matter to the Central Bureau of Investigation (CBI) to investigate. Petitioners and their like are in employment in Delhi and elsewhere on - 2 - basis of certificates granted by authorities in Delhi and other places on basis of Scheduled Tribe certificates earlier obtained by their parents. It appears, in course of enquiry, the CBI enquired from the District Magistrate –cum- Collector, Siwan, which district earlier comprised of Gopalganj, Chapra as well which are now independent districts, whether Kharia tribe lived in those districts. The obvious answer was no because the tribe was not resident of those districts. They were from the hills and in course of rehabilitation, starting from the British time, they were brought to different areas. The authorities, unmindful of these facts, are now taking coercive steps against the petitioners without going into the fact whether the certificate obtained was forged or not, without the certificates being cancelled by competent authority after due enquiry. Having heard Shri Binod Kanth, learned Senior counsel in this regard on behalf of petitioners, in my view, no useful purpose would be served by keeping the writ petition pending as it can be disposed of conveniently. Having considered the matter, I direct that till it is found that the Scheduled Tribe certificates are forged and the same are not cancelled in due course after enquiry by competent authority, no coercive steps should be taken against the petitioners or members of petitioners’ association claiming the status of Scheduled Tribe, as such, provided the investigation and/or departmental proceedings would continue in accordance with law. An additional prayer has also been made to recommend Kharia-Nonia as a Scheduled Tribe by the State Government. My attention is drawn to various documents of the State - 3 - Government wherein they have virtually conceded to the demand of the petitioners. This Court is ill-equipped to decide this issue at this stage. Therefore, it leaves to the State Government to take a decision in the matter in accordance with law at an early date so that the genuine claims are not denied, their due benefit which the Constitution confers on notified Scheduled Tribes. Let it be recorded that this Court has not given any opinion on merits of the claims, as made. With these observations and directions, the writ petition is disposed of. M.E.H./ (Navaniti Prasad Singh)