JUDGEMENT
APARESH KUMAR SINGH,J. -
(1.) Heard learned counsel for the parties.
(2.) Petitioner on having qualified in the Joint Entrance Examination (Main), 2016 for admission in Engineering courses was provisionally
allotted seat through letter dated 29th June, 2016 issued by the Joint
Seat Allocation Authority (JoSAA), 2016 - respondent no.2 i.e.
Annexure-2. He produced a scheduled caste certificate issued on 12th
September 2014 by the Block Development Officer, Hariharganj showing
himself to be belonging to the caste 'Dusadh' and a resident of village
Belaudag, Hariharganj, Palamau, Jharkhand. He, however, also produced a
caste certificate issued by the Sub-Divisional Officer, Chattarpur,
Palamau dated 8th July 2016 after completion of the first round of seat
allotment on 5th July, 2016. Petitioner came to know that on account of
the production of the caste certificate issued by the Block Development
Officer, Hariharganj he had failed to fulfil the eligibility criteria
prescribed by JoSAA, 2016, as contained in the brochure and also in terms
of the eligibility certificates required to be produced under Annexure-2
provisional seat allotment letter. Therefore, he has approached this
Court.
(3.) Petitioner has relied upon the documents enclosed to the counter affidavit of respondent BIT, Mesra as well as the respondent no.2
JoSAA-2016 which are the form of certificate to be produced by Scheduled
Caste and Scheduled Tribe candidate and the brochure on reservation for
SC, ST and Other Backward Classes in service (Annexure-R2/A) issued by
the Department of Personnel and Training, Government of India 2014.
According to him, the Block Development Officer comes within the
categories of officer authorised to issue such a caste certificate as per
Chapter-8 of the brochure Clause-8.2(i) which prescribes not only the
District Magistrate/Additional District Magistrate/Collector/Deputy
Collector and other categories, but also an Executive Magistrate. The
Block Development Officer of a Block in the State of Jharkhand is in the
rank of Deputy Collector/Executive Magistrate. Therefore, the certificate
issued by him should have been treated as sufficient to fulfil the
prescribed eligibility criteria.;
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