STATE OF BIHAR Vs. SUMIT ANAND

JUDGEMENT

(1.) This Letters Patent Appeal has been filed against the order of 15 May, 2002 on C. W. J. C. No. 439 of 2001 : (reported in 2002 (3) Part LJ LR 393): Sumit Anand v. The State of Bihar & others.

(2.) On behalf of the State of Bihar the Court heard learned A. A. G. 2 yesterday and today. Today, on behalf of the respondent Dr. Sadanand Jha, Senior Counsel assisted by Mr. Kripanand Jha have been also heard.

(3.) The issue apparently has arisen after a certificate was given to Sumit Anand certifying that he belonged to the Scheduled Tribe carrying surname Gond. If it were only a matter of petitioner Sumit Anand then perhaps the State would have had a case for being examined. Fortunately for the respondent Sumit Anand (petitioner in the writ petition) or unfortunately for the State of Bihar, at least for three generations the family of Sumit Anand has been certified as Gond. If this were not sufficient then it is on record that the maternal uncle of the petitioner came to the High Court . (C. W. JC. No. 1407 of 1990) with a similar controversy and had it certified that the family was a Gond as a Scheduled Tribe. Consequently the petitioners mother was certified as a reserved category. After examination of the records a certiorari certified the certification granted by the State of Bihar and its officials that he belonged to the Gond community, a Scheduled Tribe.