IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11655 of 2000 MEGH NATH PRASAD S/O PARAS PRASAD, R/O VILL. MUJAUNA, P.S. SHIKARPUR, DIST. WEST CHAMPARAN. ---------PETITIONER Versus 1. THE STATE OF BIHAR. 2. BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD,PATNA THROUGH ITS CHAIRMAN. 3. THE SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA. 4. THE SECRETARY, PRIMARY AND SECONDARY EDUCATION, DEPARTMENT, BIHAR,PATNA. 5. THE SECRETARY, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS, BIHAR,PATNA. 6. THE JOINT SECRETARY, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS, BIHAR, PATNA. 7. THE DEPUTY SECRETARY, DEPARTMENT OF PERSONNEL & ADMINISTRATIVE REFORMS, BIHAR ,PATNA. 8. THE DIRECTOR, PRIMARY EDUCATION, BIHAR , PATNA. 9. THE DISTRICT MAGISTRATE, WEST CHAMPARAN, BETTIAH. 10. THE DISDTRICT EDUCATION OFFICER, WEST CHAMPARAN, BETTIAH. 11. THE SUB DIVISIONAL OFFICER, NARKATIAGANJ, DIST, WEST CHAMPARAN. 12. THE DISTRICT SUPERINTENDENT OF EDUCATION, WEST CHAMPARAN, BETTIAH. 13. THE CIRCLE OFFICER, NARKATIAGANJ,DIST. WEST CHAMPARAN. ------ RESPONDENTS. ----------- For the petitioner: Mr. Y.V.Giri, Sr. Advocate,Mr. Raju Giri,Advocate. For the State: Mr.P.K.Singh J.C. to S.C.I. For the B.P.S.C.: Mr. Sanjay Pandey, Advocate. --------------- 4 11.11.2008 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar Public Service Commission. Petitioner applied for appointment to the post of Primary Teacher as a Scheduled Tribe candidate. The caste certificate submitted by the petitioner to the effect that he belongs to the caste “ Gond “ was issued under the signature of concerned 2 Sub-Divisional Officer. After selection petitioner was not recommended for appointment on the ground that caste “Gond” does not come under Scheduled Tribe. It has been submitted on behalf of the petitioner that initially the caste certificate describing the petitioner as “Gond” and therefore a member of Scheduled Tribe was accepted by the authorities and he was allowed to take the examination. It has further been submitted that although there was earlier a controversy that whether caste “Gond” in the District of Gopalganj, Siwan and Chapra would come in the category of Scheduled Tribe or not and this caste was being distinguished from Caste described as Gour/Gonr. But, recently, the Department of Personnel and Administrative Reforms, Government of Bihar has issued a clarification contained in letter no. 2410 dated the 20th July, 2007 (annexure-11) that in the State of Bihar, for all practical purposes and for caste certificate, caste “Gond” would be similarly spelt and this caste would be issued with certificate of Scheduled Tribe. On behalf of petitioner it was further submitted that in identical situation writ petition bearing no. C.W.J.C. 3519/2001 filed by one Raju Kumar has been allowed on 14.07.2008 after noticing the submission of learned counsel for the State. In that case before appointment the petitioner was required to submit a caste certificate from the concerned District Magistrate. On this issue that is whether the caste certificate issued to the petitioner 3 under the signature of Sub-Divisional Officer is valid or not, this Court finds no good reason to take a different view because the relevant advertisement bearing no. 65/1996 is available in the records of C.W.J.C.No. 3519/2001 which was perused by this Court. It was found that in the said advertisement it was clearly represented by the authorities that the caste certificate issued by the District Magistrate or by the Sub-Divisional would have to be produced by a candidate in support of his being a member of Scheduled Caste or Scheduled Tribe. In the facts of the case, this Court finds no good reason to take a different view. Following the judgment and order in the case of Raju Kumar,the writ petition is allowed. The respondent State is directed to act upon the recommendation of the Bihar Public Service Commission and consider the appointment of the petitioner within a period of two months from the date of receipt and/or production of a copy of this order. For the purpose of seniority and all other purposes except payment of actual salary the petitioner shall be deemed to be appointed on the date the person immediately above him or below him in the merit list was so appointed. The prayer for actual salary has not been made by the petitioner recognizing the well accepted principle of no work no pay. Sym ( Shiva Kirti Singh, J.)