PIUS LAKRA Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-11-186
HIGH COURT OF JHARKHAND
Decided on November 26,2009

Pius Lakra Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD the parties and with their consent, this writ petition is being disposed of at this stage itself.
(2.) THE petitioner has prayed for issuance of appropriate writ, order or direction to the respondents to explain as to why and under what circumstances, the Caste Certificate dated 13.12.1989 and 17.5.1993 as contained in Annexures -3 and 4 to this writ petition, have been issued by the Deputy Commissioner, Ranchi in favour of the Respondent No. 6 -Sanjeet Bakshi in complete contravention of Circular and Orders of the State Government as well as the Central Government and thereby illegally declared him to be the member of Scheduled Tribe. According to the writ petition, the father of the Respondent No. 6 -Sanjeet Bakshi i.e. Late A.P. Bakshi, was a non - tribal belonging to 'KAYASTH' by caste. He married to one Shanti Minz, a member of Scheduled Tribe, and out of their wedlock, five children were born including the Respondent No. 6.
(3.) IT is stated that the petitioner appeared for 42nd Combined Public Service Commission, Patna as a Scheduled Tribe candidate. The petitioner subsequently came to know that the respondent no. 6 also appeared as a member of Scheduled Tribe on the basis of the Caste Certificate issued by the Deputy Commissioner, declaring him to be Scheduled Tribe. The candidates belonging to the Scheduled Tribe, who obtained marks up to 705, were recommended for appointment against the posts reserved for the Scheduled Tribes. The petitioner alleges that the name of Respondent No. 6 - Sanjeet Bakshi was recommended under the category of Scheduled Tribe whereas, the name of the petitioner, who was in fact a member of Scheduled Tribe, was not recommended.;


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