Patna High Court Directed The Chief Secretary To Take A Decision Within Two Weeks Regarding The Establishment Of Tribal Research Institute In Bihar

A division bench headed by Chief Justice Sanjay Karol was hearing a PIL filed by the Bihar Adiwasi Adhikar Forum, seeking Establishment of a Tribal Research Institute for the welfare of the tribes.

The court also directed the Chief Secretary to file his decision in the affidavit.

Before the Court, Shri Prashant Pratap, learned counsel for the State, under instructions from the Secretary of Scheduled Caste and Scheduled Tribe Welfare Department, states that the State has not established any Tribal Research Institute (hereinafter referred to as the 'Institute').

"The entire cost of setting up the institute is to be borne by the central government and the state government will bear the cost of all the staff of the institute" Further Submitted.

The petitioner's lawyer Vikas Pankaj told the court that according to the guidelines issued by the Ministry of Tribal Welfare of the Central Government, there is also a provision to set up a Research Institute (TERI) for the welfare and protection of the tribes.

The Court observed that for the establishment and running of the Institute, perhaps, the State Government is not to spend any money, for the funding for the schemes to be undertaken by the Institute is by way of 100% grant-in-aid of the Central Government (Ministry of Tribal Affairs).

We also notice that an apex body already stands constituted by the Central Government. The object and the purpose of establishment of the Institute is to interact; identify issues; find solution of the problems issued by the people hailing from the Scheduled Tribes within the State of Bihar. The challenges in the field of socio-economic development of Tribal, undoubtedly, are critical and absolutely imperative for achieving the constitutional goals, as envisaged under Part-4 and Part 16 of the Constitution of India. Emphasingly, we extract Clause 3 and Clause 6 of the aforesaid communication.

Now, if any project undertaken by the State Government is to be fully funded and financed by the Central Government, we fail to understand as to why for more than four years, the Government has slept over the matter.

More so, when it stood pointed out in the very same communication that at least 19 States of the Union of India have already set up such establishment.

In this view of the matter, we direct the Chief Secretary, Government of Bihar (Respondent No. 4) to positively take a decision in terms of and on the basis of communication dated 14th December, 2017.

The Court has observed that one individual had already requested the Chief Secretary, Government of Bihar for taking appropriate action vide communication dated 24th May,2021.

In the last hearing, the court had ordered,

"The short issue which arises for consideration is whether the Tribal Research Institute stands established within the State of Bihar or not? Also, the place where it is housed. Such an exercise has to be undertaken in terms of communication dated 14th of December, 2017, that of Government of India, Ministry of Tribal Affairs."

This Matter Will be heard next on 26th April, 2022.

Advocate Vikas Kumar Pankaj and Advocate Pratyush Kumar appeared for the petitioner. SG KN Singh, CGC Tuhin Shankar, ASG Ardash Kumap Bharadwaj appeared for the central government and Advocate Prashant Pratap appeared for the state.

Case Title: Bihar Tribal Rights Forum Vs Union of India

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