IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3543 of 2011 Rinku Kumari @ Rinku Devi, wife of Vijay Kumar Sah, resident of village – Chak Phatehganj, P.O. – Chak Bedauliya, P.S. Bibhutipur, Sub Division – Rosera, District - Samastipur Versus 1. The State of Bihar. 2. The District Officer, Samastipur. 3. Deputy Development Commissioner, Samastipur. 4. Child Development Project Officer, Bibhutipur, District – Samastipur. 5. Mukhiya Gram Panchayat Khas Tabhaka Dakshin Anchal – Bibhutipur, District – Samastipur. 6. Neelam Kumari wife of Surendra Nath Sah, resident of village – Chakphatehganj, P.O. Chakbedauliya, P S – Bibhutipur, District - Samastipur ----------- 02. 11.7.2011 On the basis of so-called registration of document contained in Annexure-1, counsel for the petitioner is challenging the appointment of respondent No.6 on the post of Anganbari Sewika. Stand of the petitioner is that the petitioner falls under the category of OBC and not in EBC and therefore, her selection declaring her to be an EBC on the basis of a caste certificate issued by the Block Development Officer, Bibhutipur, in the district of Samastipur requires interference. A counter affidavit has been filed on behalf of the respondents. Their stand is that caste certificate was verified from the issuing authority before appointment came to be made. In the counter affidavit, specially in para 8, it is indicated that the private respondent is a Kanu by caste which comes under the category of EBC but since her husband’s vocation is that of a Halwai and that is the opening in his life and therefore, they are also loosely being labelled or called as Halwai. 2 Merely because husband of the petitioner works as a Halwai, he does not become a Halwai by caste. If by birth the husband of the petitioner is a Kanu then respondents have done no wrong in giving a caste certificate showing her to belong to Kanu caste who are shown as EBC in the notification issued by the State. I think a bogey has been raised by the petitioner. If the petitioner feels that the private respondent does not have a valid caste certificate, let her move for a declaration from an appropriate forum with regard to the validity of the caste certificate which has been issued in favour of the private respondent. So long as the caste certificate stands mere allegation would not vitiate the selection. Writ is dismissed with liberty as above. rkp ( Ajay Kumar Tripathi, J.)