Rajesh Shankar, J. - (1.) Heard learned counsel for the parties.
(2.) The present writ petition has been filed for quashing the caste certificates issued on 13.12.1989 and 17.05.1993 in favour of the respondent no.6 by the Deputy Commissioner, Ranchi as the same was issued without following the due procedure of rules and regulations. The petitioner further prayed for quashing the notification no.1006/2000 Khand 4 Ka 4125 dated 26.07.2001 issued by the Department of Personnel and Administrative Reforms, Government of Bihar whereby the respondent no.6 has been appointed to the post of Deputy Collector against the vacancy reserved for the members of Scheduled Tribe. Further prayer been made for issuance of direction upon the concerned respondent to consider the representation of the petitioner to appoint him to the post of Deputy Collector against the reserved post for the members of Scheduled Tribe in connection with 42nd Combined Competitive Examination conducted by the Bihar Public Service Commission.
(3.) The factual background of the case as stated in the writ petition is that the petitioner is a member of Scheduled Tribe. The respondent no.6 is an offspring of Late A.P. Bakshi, a nontribal father Kayasth by caste and Shanti Minz a tribal mother. Both the petitioner and the respondent no.6 appeared in 42nd Combined Competitive Examination conducted by the Bihar Public Service Commission, Patna (in short "BPSC") under the Scheduled Tribe category. The candidates, who were recommended by the Bihar Public Service Commission, have been appointed by the Government of Bihar vide notification no.7714 dated 30.09.2000 in which the name of the petitioner did not find place. However, the list in which the name of the respondent no.6 found place, it was mentioned that the appointment letter would be issued after verification of the caste certificate. The petitioner is claiming that when he came to know that the respondent no.6 belongs to "Kayasth" (forward) caste and has obtained the caste certificate of Scheduled Tribe by false assertion, he filed a representation before the BPSC, D.C Ranchi and National Commission of SC/ST, New Delhi by praying for cancellation of the appointment of respondent no.6 and in his place, the case of the petitioner for appointment may be considered but of no consequence, which gives rise to filing of the present writ petition.;