- (1.) Seeking quashing of letter dated 02.05.2015 issued by the Circle Officer, Sadar, Sahebganj, the present writ petition has been filed.
(2.) The petitioner claims herself resident of village-Badi Kodar Janna, POBadi Kodar Janna, PS and District-Sahebganj for the last about 15 years. It is claimed that the ancestors of the father of the petitioner who were landless persons, resided in District-Sahebganj for long years. The father of the petitioner was employed in Indian Railways in the year, 1981 and he was posted at various places. The father of the petitioner purchased land in Mouza-Hajipur Bhitha, village-Badi Kodar Janna vide registered sale no. 2831/1990 and his name was mutated vide Mutation Case No. 170 of 1995-96. The mother of the petitioner also purchased land and her name is also mutated in the revenue record. The petitioner's parents constructed small house and garden over the said land about 25 years ago. The petitioner along with her mother and other brothers resided at village-Badi Kodar Janna, Sahebganj. The petitioner claims that she was born at Badi Kodar Janna on 14.12.1988 and she completed her matriculation examination from High School at Kodar Janna, Sahebganj in the year, 2004. The petitioner has obtained her degree in Bachelor of Technology (Civil Engineer) from BIT Sindri in the year, 2012. The petitioner appeared in Junior Engineering Combined Competitive Examination (JECCE), 2014 for appointment on the post of Junior Engineer and she qualified in the preliminary examination. The petitioner who belongs to Schedule Tribe category is required to produce her residential certificate for employment purpose and therefore, she made application for the same however, the Circle Officer has declined to issue the same. The learned counsel for the petitioner refers to order dated 03.07.2015 in W.P.(C) No. 2805 of 2015 and submits that in a similar case this Court has passed a direction to the Circle Officer to take a decision after examining the evidence produced by the applicant. The learned counsel for the petitioner further refers to decision in "Prashant Vidyarthy and Suman Kr. Singh v. State of Jharkhand and Ors." reported in (2003) 1 JCR 3 and submits that parameters mentioned in the judgment should have been considered by the Circle Officer for issuing residential certificate. Percontra, Mr. Soumitra Baro, J.C. to G.P. VI refers to letter dated 17.07.2002 issued by the Department of Personnel, Administrative Reforms and Rajbhasa and submits that residential certificate for employment purpose can be issued only if the candidate or his/her ancestor's name appears in the Survey Record of Rights.
(3.) Considering Full Bench decision in "Prashant Vidyarthy", I am of the opinion that instructions contained under letter dated 17.07.2002 cannot be implemented. Moreover, it cannot be contended that a person who holds no land either in his/her name or in his/her ancestor's name cannot be issued residential certificate (employment purpose). In order dated 03.07.2015 in W.P.(C) No. 2805 of 2015 this Court observed as under : "5.........I am of the considered opinion that the Circle Officer is under a duty to issue a residential certificate to a person who claims himself/herself a local resident and produces unimpeachable documents in support of such claim. The Circle Officer may exercise his/her discretion for conducting a physical enquiry and/or requiring a person to produce documentary evidence such as, proof of education, proof of residence etc. and after being satisfied, the Circle Officer would issue a residential certificate to the said person.";