( 2025:JHHC:24673 ) 1 W.P. (C) No.1874 of 2018 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1874 of 2018 Akhil Bhartiya Adim Janjati Vikas Samitee, a Society registered under the Societies Act, 1860, having its Head Office at Daldali, P.O. and P.S. –Barhet, District –Sahibganj, PIN -816102; through its General Secretary Shiv Charan Malto, aged about 42 years, son of Shri Jai Narayan Malto, resident of Kumar Bhaja, P.O. and P.S. –Litipara, District –Pakur, PIN -816104. .... Petitioner Versus 1. The State of Jharkhand, Through the Principal Secretary, Welfare Department, having its office at Jharkhand Mantralaya, Project Building, Dhurwa, P.O. and P.S. –Dhurwa, Ranchi -834004, District –Ranchi. 2. Tribal Welfare Commissioner, having its office at Jharkhand Mantralaya, Project Building, Dhurwa, P.O. and P.S. –Dhurwa, Ranchi -834004, District -Ranchi. 3. Deputy Director, Welfare, Santhal Parganas Division, having its office at Dumka, P.O. and P.S. –Dumka, District -Dumka. 4. Special Officer, Paharia Welfare, having its Office at Sahibganj, P.O. and P.S. –Sahibganj, District –Sahibganj. 5. Special Officer, Paharia Welfare, having its office at Dumka, P.O. and P.S. –Dumka, District –Dumka. …. Respondents P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Sumeet Gadodia, Advocate : Mrs. Shilpi Sandil, Advocate : Mr. Ritesh Kumar Gupta, Advocate : Mr. Ashutosh Agarwal, Advocate : Mr. Anish Lal, Advocate : Mr. Ashwini Bhushan, Advocate For the Respondents : Mr. Mrinal Kanti Roy, G.A.-I : Mr. Chandan Tiwari, AC to G.A.-I ….. ( 2025:JHHC:24673 ) 2 W.P. (C) No.1874 of 2018 By the Court:- 1. Heard the parties. 2. This Writ Petition has been filed under Article 226 of the Constitution of India with the prayer to issue appropriate writ/order/direction including Writ of Mandamus directing the respondents not to admit students other than Primitive Tribe Students in Residential Schools and/or Day Scholar Schools opened and operated exclusively for imparting education to students belonging to Primitive Tribe Groups (PTG) and further issuance of appropriate writ/order/direction to the respondent no.1 to direct the officers of the Department of Welfare, including respondent nos. 4 & 5 to ensure that only students belonging to P.T.G. are admitted in schools identified and operated for welfare of PTG students and other consequential reliefs. 3. It is submitted by the learned counsel for the petitioner that there are 32 types of tribal communities who are the members of Scheduled Tribes and out of them, there are 8 Sub-Tribes who were earlier known as Primitive Tribes but subsequently they have been renamed as Particularly Vulnerable Tribal Groups (PVTG). It is then submitted that the State has been framing various social welfare schemes for uplifting of the PVTG including establishment of residential schools and day scholar schools at primary level, secondary level and high school level for imparting education exclusively belonging to the PTG/PVTG. It is next submitted that certain schools are exclusively for the PTG/PVTG. The erstwhile State of Bihar through the Department ( 2025:JHHC:24673 ) 3 W.P. (C) No.1874 of 2018 of Welfare issued the letter dated 05.05.1994 by giving specific directions that in schools which were identified for PTG/PVTG, admission of the students belonging to PTG shall be taken and not otherwise but the respondents are taking admission of students other than students of PTG/PVTG in the schools which have been identified, opened and operated exclusively for the students of PTG/PVTG. Hence, it is submitted that the prayer as prayed for by the petitioner in this writ petition be allowed. 4. The learned counsel for the Respondent-State on the other hand vehemently opposes the prayer as prayed for by the petitioner in this writ petition and submits that the Government, keeping in view the strength of PVTG are about 3% of the total population of Scheduled Tribes and that they are scattered throughout the State, took a policy decision by revising the letter no. 2418 dated 05.05.1994 with letter no. 4522 dated 11.08.1998 wherein 25% reservation has been allowed for Particularly Vulnerable Tribal Groups Students in all the 125 Residential Schools across the State for Scheduled Tribes and only in case, students of that category are not available then with the recommendation of the Regional Deputy Director Welfare, students of Scheduled Tribes from other Sub-Tribes whose names appears in the merit list, can be admitted in the quota of the seats reserved for the PVTG. It is next submitted that earlier 9 exclusive residential schools were existing for the PVTGs. The 100% seats of 9 residential schools is less than 25% seats of 125 residential schools. So by such policy decision, the number of seats available for the PVTGs has not only gone up ( 2025:JHHC:24673 ) 4 W.P. (C) No.1874 of 2018 but they have the advantage of getting themselves admitted in the nearby schools from their residence, instead of going to far away schools being the schools exclusively reserved for them. It is then submitted that such a policy decision cannot be challenged in a writ petition when there is no flaw or shortcoming alleged to such policy. Hence, it is submitted that this writ petition being without any merit be dismissed. 5. Having heard the submissions made at the bar and after going through the materials in the record, it appears that the grievance of the petitioner is that students than the students belonging to the PVTG are permitted to take admission in the schools exclusively reserved for the PVTG students, thereby depriving the students belonging to the PVTG in availing the welfare scheme, which has been promulgated specially for their upliftment but keeping in view the undisputed fact that the State Government by way of a policy decision has enhanced the seats reserved for the PVTGs by making reservation of 25% of all seats in 125 schools in lieu of 100% reservation of 9 schools only and as there is absolutely no doubt that 100% seats of 9 schools is less than 25% seats of 125 schools, moreover, the students of PVTGs have the advantage of taking admission in any of the 125 schools whichever is situated near their residence, besides the decision is a policy decision of the Government; the interference with the same is unwarranted in exercise of writ jurisdiction of this court. 6. Under such facts and circumstances of the case, this Court is of the considered view that there is no justifiable reason to interfere ( 2025:JHHC:24673 ) 5 W.P. (C) No.1874 of 2018 with such policy decision of the Government, which is in fact for the benefit of the PVTG students rather than for their detriment, in exercise of its power under Article 226 of the Constitution of India. 7. Accordingly, this writ petition being without any merit is dismissed. 8. Parties to bear their own costs. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 31st July, 2025 AFR/Sonu-Gunjan/-