1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.6961/2006 (Mohan Ram Nayaka Vs. State of Rajasthan & Ors.) Date of Order : : 02.08.2007 PRESENT HON'BLE MR. KRISHAN KUMAR ACHARYA, J. Mr.S.N.Trivedi, for the petitioner. Mr.O.P.Boob, Dy.G.A. BY THE COURT:- The petitioner preferred this writ petition before this court praying for an appropriate writ, order or direction for respondents to make entry in the service record of the petitioner as Scheduled Tribe candidate with effect from the date of entitlement with all consequential benefits. Learned counsel for the petitioner has drawn my attention towards Notification (Annexure-1) and Caste Certificate (Annexure-2) and stated that the petitioner belongs to Nayaka caste which comes under the Scheduled Tribe. The petitioner requested to the respondent Department that he belongs to 2 Scheduled Tribe, therefore, the same may be entered in his service record. Still the matter has not yet been disposed of and the entry of caste as a Scheduled Tribe has not been mentioned in the service record of the petitioner. Learned Government Advocate states that caste Nayaka comes under the category of Scheduled Tribe and the petitioner belongs to caste Nayak which does not come under the category of Scheduled Tribe. I have considered the submissions advanced by learned counsel for both the parties and perused the documents placed on record. It is a disputed question of fact whether petitioner belong to caste Nayak or Nayaka ? The grievance raised by the petitioner lies in narrow compass, therefore, instead of enquiring on merits, this Court expects from the State Government to consider grievance of the petitioner at the earliest. It is stated by learned counsel for the petitioner that the petitioner has already filed representation and Department of Personnel, Rajasthan, Jaipur is not passing any order. Looking to 3 the facts and circumstances of the case, the Department of Personnel, Rajasthan, Jaipur is directed to pass appropriate order on the representation filed by the petitioner after conducting proper inquiry whether petitioner belongs to Scheduled Tribe or not, within a period of one month and made necessary entries in the service record of the petitioner as per rules. With these directions, the writ petition is disposed of. (KRISHAN KUMAR ACHARYA), J. NK