- (1.) Mr. Ananda Sen, the learned counsel for the petitioner, on instructions, submits that the respondent No. 4 is not a necessary party in the present proceeding and therefore, the respondent No. 4 may be deleted from the array of the parties in the present proceeding. Mr. M.S. Anwar, the learned senior counsel appearing for the respondent Nos. 2 and 3 raises no objection. Accordingly, respondent No. 4 is deleted from the array of parties in the writ petition, at the risk of the petitioner.
(2.) Mr. Ananda Sen, the learned counsel for the petitioner submits that though, the son of the petitioner correctly filled Column-6, which gives description of category of candidate and the Headmaster of the school also gave his certification, the candidature of the son of the petitioner has been treated in 'General' category. It is stated that the son of the petitioner in support of his claim as a 'Scheduled Caste' candidate submitted his Caste Certificate however, on the ground that the son of the petitioner failed to submit documentary evidence, that is, the Caste Certificate, his candidature was considered in 'General' category. It is further submitted that the original record, which has been produced in the Court, would corroborate the plea taken by the petitioner inasmuch as, the top corner of the original application form is torn. It is the specific case of the son of the petitioner that he had stapled his Caste Certificate alongwith the original form.
(3.) As against the above, Mr. M.S. Anwar, the learned senior counsel appearing for the respondent-Jharkhand Academic Council submits that the advertisement as well as the application form made it abundantly clear to the candidates that in support of the claim seeking reservation, a candidate is required to submit Caste Certificate alongwith the application. As many as five candidates did not submit Caste Certificate alongwith their applications and all of them were treated as 'General' category candidate. It is further submitted that the stand taken by the son of the petitioner that he has submitted the Caste Certificate, which appears from the condition of the application form itself, is frivolous. The top left-hand corner of the application form is torn because several applications are bunched together and in handling some of them might have been torn. There is no specific allegation of mala-fide alleged against one or the other officers of the respondent-Jharkhand Academic Council and therefore, there is no reason why, if at all the petitioner had submitted Caste Certificate alongwith the application, it would not be found in the record of the respondent-Jharkhand Academic Council. The original application of the petitioner has been produced in the Court.;