SHASHI BHUSHAN SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This writ application is directed against the order dated 30th January, 2004 issued vide Memo No. 263 issued under the signature of the District Collector, Begusarai whereby and whereunder claim of the petitioner for his appointment in First Regional Competitive Examination held by the Bihar Public Service Commission (hereinafter referred to as the Commission) against the reserved quota has been rejected.

(3.) It is submitted by learned counsel for the petitioner that the petitioner belonged to Gond caste which is a Schedule Tribe and pursuant to Advertisement issued by the Commission for the First Regional Competitive Examination, applied for his appointment and annexed the caste certificate granted by the Block Development Officer showing himself as a member of Scheduled Tribe. The petitioner competed in the competitive examination and accordingly the Commission recommended his name vide letter No. 1037 dated 15.1.2003 along with other persons for appointment against the Scheduled Caste vacancy. The petitioner thereafter approached the Collector, Begusarai for his appointment but the same was refused by the Collector by virtue of the order as contained in Annexure 1 saying that he belonged to Godhi Mallah community which is not a Scheduled Tribe. Learned counsel further submitted that the petitioner and his ancestors were Gond by caste which is a recognized tribal community and in past his family members were given caste certificate by the Collector of the district showing them as Gond, members of Scheduled Tribe and thereafter they obtained government job but in the case of the petitioner, he is being discriminated on untenable grounds. It is further submitted by learned counsel that the petitioner is culturally backward and by profession also he is Gond by caste who is necessarily a member of Scheduled Tribe and since his ancestors were declared to be the members of Scheduled Tribe being Gond by caste, he was entitled in law to be declared as a member of Scheduled Tribe. Learned counsel, therefore, submitted that the Collector wholly erred in declaring the petitioner as a member of Godhi Caste, Learned counsel further contended that since his ancestors were declared Scheduled Tribe, necessarily the petitioner is entitled to be declared as a member of Scheduled Tribe.