IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14699 of 2005 BUNEL PRASAD GAUR Versus THE STATE OF BIHAR & ORS ----------- 4. 29.07.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. Despite an earlier adjournment for the purpose learned Counsel for the respondents again prays for further time to seek instructions and to file a supplementary counter affidavit. This Court is not inclined to adjourn the matter for the purpose in view of the nature of the order proposed to be passed. The petitioner was appointed as a Constable in the State Police. This came to be terminated by an order dated 20.10.2001 on the premise that the petitioner in his application had disclosed himself to be a scheduled tribe “Gond”, whereas on enquiry it has been found that he belonged to category I of Backward Class. In view of the subsequent developments it is not necessary to take note of full facts except to refer to Annexures 8 and 10 of the supplementary affidavit filed on behalf of the petitioner. Annexure 10 to the supplementary affidavit is a government order dated 20.7.2007 bearing no. 2410 issued by the Department of Personnel and Administrative Reforms, Government of Bihar. It clarifies that earlier there has been a lot of confusion with regards to the reserved category of persons belonging to the tribe “Gond”, “Gour” and “Gonr”, which has now been resolved by the State Government to hold that there is in fact only one scheduled tribe called “Gond”. That persons holding certificates in other categories were required to be issued a proper certificate only of the category “Gond”. In pursuance thereof on 7.11.2007 District Magistrate, Buxar has issued a second certificate in respect of the status of the petitioner as a scheduled tribe belonging to “Gond”. Undoubtedly the filing of a supplementary counter affidavit by the respondents as urged by them on the previous occasion would have facilitated the matter. This writ application is therefore disposed with directions to the respondent no. 2 to examine the case of the petitioner in the light of Annexure 8 and 10 as discussed above and take a fresh decision with regard to the issue of termination of services of the petitioner within a maximum period of 12 weeks from the date of receipt and/or production of a copy of this order. Snkumar/- (Navin Sinha,J.)