Non-naga childs adopted by Naga parents cannot claim ST status

Kohima: The district administration of Kohima has announced that children of Naga fathers as well as non-Naga children adopted by Naga parents are not entitled to Tribal Certificate of Scheduled Tribe/Backward Tribe/Indigenous people.
A notification said, “In pursuance of the Government of Nagaland’s P&AR OM No. RCBT-5/87 (Pt-1I1) dated Kohima, June 11, 2012 which states that ‘children of non-Naga fathers, as well as non-Naga Scheduled Tribe/Backward Tribe/Indigenous Tribe Certificates will not be issued to Naga children adopted by parents etc’, verifying the authenticity of the applicants before forwarding to all concerned Area Administrative Officers under Kohima District Arc. Strict compliance is directed to the Issuing Authority.
Area Administrative Officers are directed to issue similar instructions to all village councils and GBs within their respective jurisdictions to strictly follow the government order.”
It may be mentioned here that in 2006, the Supreme Court ruled that children born out of marriage between a tribal woman and a non-tribal forward class man cannot claim Schedule Tribe status and cannot get government jobs in protected category.
A division bench of Justice H K Sema and Justice AR Lakshmanan held that the offspring of a tribal woman married to a non-tribal husband could not claim Scheduled Tribe status as they were brought up in a forward class environment and were No violence was subjected to any disability.
“A person not belonging to a Scheduled Caste or a Scheduled Tribe, claiming to be a member of such caste by obtaining a fake caste certificate, is a fraud on the Constitution of India,” the court observed.

It said that the effects of getting bogus cast certificate and getting appointment/admission from reserved quota will be far-reaching as the reserved category candidates may miss out on the posts meant for them.
Terming it a violation of the mandate of Articles 14 (right to equality) and 21 (right to life and personal liberty) of the Constitution, the bench said that such certificates are routinely issued without properly verifying the claim of the petitioner. Should not be released.
The court dismissed an appeal filed by Anjan Kumar of Gaya in Bihar who was born out of a marriage between a forward class (Kayastha) man and a woman from the Oraon tribe of Madhya Pradesh and an Indian Information Service grade – was denied final posting as An officer despite having passed the 1993 Civil Services Examination by UPSC in the Scheduled Tribe category.