M.Y.EQBAL, J. - (1.) THE petitioner has prayed for quashing the order as contained in memo No. 53 dated, 19.2.2003 issued under the signature of Deputy Commissioner, Dumka, whereby the Deputy Commissioner has held that the petitioner is a member of backward class as he is by caste 'Mal' and not a member of scheduled tribe.
(2.) PETITIONER 's case is that he is the permanent resident of village Masalia in the district of Dumka and is by caste 'Mal' within Paharia Tribe. After due inquiry and verification he was granted caste certificate wherein he was shown as 'Mal Paharia' which is Scheduled Tribe. Accordingly, he was qualified for the post of Panchayat Sevak and appeared before the Selection Committee. The Selection Committee, having found the petitioner fit to be appointed, recommended his name. The District Panchayat Raj Officer, Dumka, Collectorate, vide memo No. 536 dated 15.10.89 issued appointment letter to the petitioner under the signature of Deputy Commissioner, Dumka within the Scheduled Tribe category. It is contended that the petitioner gave his joining on 21.10.89 but his joining was not accepted by the Block Development Officer, Masalia disputing the authenticity of the petitioner being the member of Scheduled Tribe. The petitioner, thereafter represented before the Deputy Commissioner, Dumka who, on the basis of inquiry, cancelled the appointment of the petitioner vide order dated 18.12.89 and he was asked to show cause as to under what circumstance the petitioner was issued caste certificate. The petitioner, thereafter, moved this court in CWJC No. 7106/2000 which was disposed of on 1.11.2002 with a direction to the Deputy Commissioner to make thorough inquiry into the matter and issue necessary caste certificate. It was also stated in the said order that if the petitioner is really Scheduled Tribe then he shall be given the job for which he was selected and if it is found that caste certificate was fraudulently obtained, he will be proceeded legally. A copy of the said order dated 1.11.2002 passed in CWJC No. 7106/2000 has been annexed as annexure 8 to the writ application.
(3.) MR . Rajiv Sinha, learned counsel appearing on behalf of the petitioner submitted that the petitioner is a permanent resident of village Masalia and his caste is 'Mal' within 'Paharia Tribe.' It is contended that because of efflux of time the living style of the petitioner and his predecessors has changed in order to get proper education. It is contended that still various relations of the petitioner who are also by caste 'Mal' within 'Paharia Tribe' have been given caste certificate of 'Mal Paharia' within Scheduled Tribe and they have been appointed within reserved quota of 'Scheduled Tribe.';