Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC040008442025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/233/2025 Anthoni Pertin Son of Late A T Kharluki Pertin, a permanent resident of Mirsam Village, PO and PS Pasighat, East Siang District, Arunachal Pradesh 791002
VERSUS The State of AP and 2 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, Itanagar. 2:Social Justice and Empowerment and Tribal Affairs Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar represented by its Secretary. 3:Department of Animal Husbandary Veterinary and Dairy Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar represented by its Secretar Advocate for the Petitioner : Muk Pertin, Senior Advocate, Takom Pabin,Mukbang Pertin,Mukbom Pertin,Tshering Yangzom Bhutia,Dakjum Riba,Karyom Dabi
Page No.# 2/4 Advocate for the Respondent : GA (AP), SC (Animal Husbandry and Veterinary),Lissing Perme
BEFORE HONOURABLE MR. JUSTICE KARDAK ETE
ORDER Date : 12-06-2025 Heard Mr. Mukbang Pertin, learned counsel for the petitioner and Mr. R. H. Nabam, learned Additional Advocate General, Arunachal Pradesh, appearing for the respondents.
2. Considering the limited grievance raised in this petition and as agreed to by the learned counsels appearing for the parties, this matter is taken up and
disposed of at the motion stage.
3. Aggrieved of alleged non-consideration of the issue of Arunachal Pradesh Schedule Tribe, (APST for short), status of the petitioner by the respondent authorities, this writ petition has been instituted with a prayer to consider the case of the petitioner by accepting the APST certificate issued to him.
4. The case of the petitioner is that he is a Schedule Tribe of State of Arunachal Pradesh for which a certificate of APST was issued in the year 1981. The petitioner was appointed as Veterinary Officer on 01.06.1992, who is presently serving as Senior Veterinary Officer under the Government of Arunachal Pradesh and is stated to retire from his service in the month of June,
2026. The petitioner was appointed as an APST candidate in the post of Veterinary Officer.
5. Vide a complaint dated 13.01.2014, a group of Veterinary Doctors, serving in the Department of Animal Husbandry, Veterinary and Dairy Development,
Page No.# 3/4 made a complaint before the Secretary (ST/SC), Government of Arunachal Pradesh, Itanagar alleging that the petitioner is originally from the State of Meghalaya, who is not an Adi by birth, therefore, the APST certificate issued to the petitioner is fake and same be cancelled.
6. On the direction of the Secretary, Social Justice & Empowerment and Tribal Affairs, Government of Arunachal Pradesh, the Deputy Commissioner, Pasighat has written a letter to the President of the Adi Bane Kebang regarding the APST certificate issued to the petitioner. The Adi Bane Kebang, vide letter dated 28.05.2021, has opined that since the APST certificate has already been issued, the same has to be respected. The matter finally placed before the ST/SC Scrutiny Committee, which is said to be pending without there being any
consideration.
7. Mr. Mukbang Pertin, learned counsel for the petitioner submits that due to pendency of the dispute regarding the APST status, the petitioner has been deprived of his promotion and other benefits and since the petitioner would retire from his service in the month of June, 2026, the respondent authorities may be directed to take up the matter and appropriately consider the same within a time frame.
8. Mr. R. H. Nabam, learned Additional Advocate General fairly submits that the ST/SC Scrutiny Committee, as mandated by law, is obligated to decide the matter, however, due to administrative problems, the matter appears to have not been taken up. Therefore, the ST/SC Scrutiny Committee would consider and decide the matter expeditiously.
9. Having considered the submissions of the learned counsels appearing for the parties and also considering that, as per mandate of law, as provided in the
Page No.# 4/4 case of Kumari Madhuri Patil and Another Vs. Addl. Commissioner, Tribal Development and Others, reported in (1994) 6 SSC 241, I deem it appropriate to dispose of this writ petition with a direction to the ST/SC Scrutiny Committee of the State to decide the matter expeditiously. Accordingly, the ST/SC Scrutiny Committee is directed to take up the case of the petitioner with regard to the APST status and decide the matter expeditiously, but not later than 3 (three) months from the date of submission of the certified copy of this order.
10. Petitioner is also directed to approach the respondent authorities, more particularly, the ST/SC Scrutiny Committee with all the relevant records within a period of 10 (ten) days from today along with the certified copy of this order.
11. With the above direction, the writ petition stands disposed of. JUDGE Comparing Assistant