Page No.# 1/6 GAHC040016142025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/452/2025 Tapang Jerang and 5 Ors Son of Late Lobo Jerang, a permanent resident of Yemsing Village, PO Pangin, PS Boleng, Siang District, Arunachal Pradesh. 2: Smti Yalom Jerang Taga Age: Occupation : Daughter of Late Lobo Jerang a permanent resident of Yemsing Village PO Pangin PS Boleng Siang District Arunachal Pradesh. 3: Tapi @ Yibo Jerang Age: Occupation : Son of Late Lobo Jerang a permanent resident of Yemsing Village PO Pangin PS Boleng Siang District Arunachal Pradesh. 4: Tajong Jerang Age: Occupation : Son of Late Lobo Jerang a permanent resident of Yemsing Village PO Pangin PS Boleng Siang District Arunachal Pradesh. Page No.# 2/6 5: Palwan Jerang Age: Occupation : Son of Shri Tapang Jerang a permanent resident of Yemsing Village PO Pangin PS Boleng Siang District Arunachal Pradesh. 6: Toni Jerang Age: Occupation : Son of Shri Tapang Jerang a permanent resident of Yemsing Village PO Pangin PS Boleng Siang District Arunachal Pradesh. (represented by his father Shri Tapang Jerang VERSUS The State of AP and 5 Ors through the Chief Secretary, Govt of Arunachal Pradesh, Itanagar. 2:The Commissioner Age: 0 Occupation : Department of Social Justice and Empowerment and Tribal Affairs Govt of Arunachal Pradesh Itanagar. 3:The Scheduled Tribe Scrutiny Committee Age: 0 Occupation : Department of Social Justice and Empowerment and Tribal Affairs Govt of Arunachal Pradesh Itanagar. 4:The Deputy Commissioner Age: 0 Occupation : Boleng Siang District Arunachal Pradesh. 5:The Additional Deputy Commissioner Page No.# 3/6 Age: 0 Occupation : Boleng Siang District Arunachal Pradesh. 6:Takiang @ Takyang Jerang Age: 67 Occupation : Son of Late Dupak Jerang a permanent resident of Yemsing Village PO Pangin PS Boleng Siang District Arunachal Pradesh Advocate for the Petitioner : Gallen Taloh, E Taying Advocate for the Respondent : GA (AP), BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER Date : 19.09.2025 Heard Mr. G. Taloh, learned counsel for the petitioners as well as Mr. R. H. Nabam, learned Additional Advocate General for the State of Arunachal Pradesh. [2.] Having regard to the projection made by the petitioners as agreed to by the parties, the matter is taken up for disposal at the motion stage itself. [3.] By filing this writ petition, the six (6) writ petitioners have projected their grievance against the orders all dated 08.05.2025 by which their respective Scheduled Tribe certificate has been cancelled by the Deputy Commissioner, Page No.# 4/6 Boleng, Siang District (respondent No. 4). It is the case of the petitioners that although their fathers are non-tribal but their mothers belong to the Scheduled Tribe of the State. Since they have been born and brought up within the tribal community of the State, they are eligible to be declared as Scheduled Tribe. It is the further case of the petitioners that the Deputy Commissioner does not have authority to interfere with the Schedule Tribe certificate granted to the petitioners, in view of the fact that a specific committee has been constituted by the State Government in the Department of Social Justice & Empowerment and Tribal Affairs vide Order dated 26.06.2018, which is in pursuant to the directives of the Apex Court dated 02.09.1994 in SLP(C) No. 14767/1993 [Kumari Madhuri Patil & Anr. Vs. Additional Commissioner, Tribal Development (Maharastra)]. The learned counsel for the petitioners, therefore, submits that the impugned orders all dated 08.05.2025 should be set aside. The learned counsel in support of his submissions has produced the following authorities:- (1) Rameshbhai Dabhai Naika Vs. State of Gujarat & Ors., (2012) 3 SCC 400; (2) Kumari Madhuri Patil & Anr. Vs. Additional Commissioner, Tribal Development & Ors., (1994) 6 SCC 241; and (3) Division Bench Judgment of this Court, Arup Megu Vs. State of Page No.# 5/6 Arunachal Pradesh, 2020 Supreme (GAU) 354. [4.] Mr. R. H. Nabam, learned Additional Advocate General, submits that the petitioners have not disputed the fact that the respective fathers are not tribal and if the grievance of the petitioners are to be accepted, it was incumbent upon them to have approached the Nodal Department, i.e., the Department of Social Justice & Empowerment and Tribal Affairs (respondent No. 2). Instead of taking such steps the petitioners have directly come before this Court and having regard to the sensitivity of the issue, the writ petition cannot be entertained in the manner the petitioners have projected. He, however, submits that there being a constituted committee to examine such kind of claim and under the circumstance, this Court may consider and pass appropriate orders, as it deems fit and proper. [5.] Having heard the learned counsels for the parties and having regard to the fact that a committee has been constituted in terms of the Apex Court Judgment in Kumari Madhuri Patil (supra) vide Order dated 26.06.2018, the petitioners within two (2) weeks from today shall submit their respective applications with the claim as regards their Scheduled Tribe status along with a certified copy of this Order before the respondent No. 3. The respondent No. 3 upon receipt of the same shall give the petitioners an opportunity of hearing Page No.# 6/6 and thereafter take a decision in accordance with law. The committee will be at liberty to call for the proceedings of the inquiry, which is said to have been conducted by the respondent No. 4. The entire exercise be carried out as expeditiously as possible and preferably within a period of three (3) months from the date of receipt of the representations from the petitioners. It is further provided herein that the impugned orders dated 08.05.2025 shall abide by the decision to be taken by the Screening Committee. [6.] With the above directions and observations, the writ petition stands disposed of. JUDGE Comparing Assistant