IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11616 of 2006 Ram Narayan Mandal son of Jagdish Mandal Resident of village-Godam Tol P.O. Mahatha, Police Station-Ladania, District-Madhubani.. ....Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar at Patna, 2. The District Magistrate, Madhubani, 3. The Sub-divisional Officer, Jaynagar, District- Madhubani, 4. The Block Development Officer, Lodania, District- Madhubani, 5. The Circle Officer, Ladania, District-Madhubani.. ....Respondents ----------- For the Petitioner : Mr. Ram Suresh Rai, Sr. Advocate For the State : Mr. Arvind Ujjwal, SC-25, Mr. Maruth Nath Roy, AC to SC-25 ..................... 3 04.07.2011 Heard learned counsel for the petitioner and the State. Counter affidavit has been filed on behalf of the State. Supplementary affidavit has been filed on behalf of the petitioner. The grievance of the petitioner is that though he belongs to the Turi caste which has been included as Scheduled Caste in the presidential notification (a copy of which has been brought on record as Annexure-1(i) appended with the supplementary affidavit) the authorities 2 are not granting him necessary caste certificate. Learned counsel also drew attention of this Court towards Annexure- 9 which is an order passed by this Court in CWJC No.10463 of 1993 with regard to Chaupal caste. In that case, though the petitioner was included in the list of Scheduled Caste in the presidential notification but on the basis of recommendation of Mungeri Lal Commission, the Chaupal caste identified as the caste “Khatwe” which was not included a Scheduled Caste in the presidential notification. This Court in the aforesaid case has come to the conclusion that once the caste concerned has been included in the presidential notification as Scheduled Caste, the same cannot be treated to be belonging to some other category i.e. Backward Caste being caste, v.i.z., „Khatwe‟ upon the recommendation of Mungeri Lal Commission. However, in the present case, the question, prima facie does not appear to be same inasmuch as the grievance of the petitioner is that he belongs to „Turi‟ caste but the State Government is not certifying that he is belonging to Scheduled Caste on the basis that he is not a member of „Turi Caste‟ rather is a member of Khatwe caste. Learned counsel submits that though he has approached the authority for grant of 3 certificate by filing Annexure-8 but till date, no order has been passed therein. In above view of the matter, without going into the aforesaid controversy this writ application is being disposed of with a direction to the petitioner to file a fresh application before the appropriate authority within six weeks along with a copy of this order. If such application is being filed, the appropriate authority shall dispose of the same on its own merit and in accordance with law, without being prejudiced by observation made in this order, within eight weeks. Petitioner would be entitled to raise all the grounds which have been taken in this writ application including the applicability of Annexure-9 to his case. This disposes of the writ application. Sanjay-II (Dr. Ravi Ranjan, J.)