IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15423 of 2001 YOGENDRA KUMAR, S/O SRI SHIV BHAJAN RAM, R/O VILLAGE-NANDPUR, P.S.-BRAHAMPUR, DISTRICT- BUXAR. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, MUZAFFARPUR. 3. THE DEPUTY COLLECTOR, MUZAFFARPUR. 4. THE DISTRICT MAGISTRATE, BUXAR. 5. THE S.D.O., DUMRAON, DISTRICT-BUXAR. 6. THE BIHAR PUBLIC SERVICE COMMISSION, PATNA THROUGH ITS CHAIRMAN BAILY ROAD, PATNA. 7. THE CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION, BAILY ROAD, PATNA. 8. THE DEPUTY SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, BAILY ROAD, PATNA. ……RESPONDENTS. ----------- For the Petitioner : Mr. Sanjeev Kumar Mishra, Adv. and Mr. Anand Priyadarshi. For the B.P.S.C. : Mr. Ashok Kumar Sinha, Adv. and Mr. Shyam Sunder Pandey, Adv. For the State : Mr. Prabhat Kumar Singh, AC to G.A.-1. ------------ 7 29.03.2010 In this writ application petitioner has challenged a letter of the Bihar Public Service Commission (hereinafter referred to as ‘the Commission’) dated 1.6.2001 addressed to the District Collector, Muzaffarpur, annexed as Annexure-1, by which the Collector has been intimated that the recommendation in favour of the petitioner for his appointment as Primary Teacher has been cancelled on the ground that petitioner does not belong to Scheduled Tribes category. 2 Learned counsel for the petitioner submits that the petitioner belongs to ‘Gond’ Caste which has been held to belong to Scheduled Tribes category by various orders of this Court as well as the order of the Apex Court annexed as Annexures-3, 11 and 12. He also refers to a resolution of the Government, annexed as Annexure-13, placing the Caste ‘Gond’ in the Scheduled Tribes category. He submits that the order of the Apex Court, as contained in Annexure-12, was passed prior to the issue of the impugned order and the order of the Division Bench of this Court, as contained in Annexure-3, was passed as far back as on 30.4.1990. Still the Commission did not take the legal position into consideration in the matter. Therefore, he submits that cancellation of recommendation in favour of the petitioner was on non est grounds and in teeth of orders passed by this Court. In view of the said orders of this Court and the Apex Court, learned counsel for the Commission does not dispute this legal position that the ‘Gond’ Caste falls in the Scheduled Tribes category. However, he submits that recommendations for appointment of 39 3 candidates were sent to the Collector, Muzaffarpur in which the name of the petitioner was at serial no. 36. He was not appointed by the district authorities as the category in which the petitioner belongs could not be ascertained. He has referred to a letter of the Collector addressed to the Special Officer, as contained in Annexure-A, to show that on enquiry the Collector reported that the petitioner does not belong to Scheduled Tribes category. He submits that whether the petitioner belongs to ‘Gond’ Caste or not was itself doubtful and on enquiry it was found that he did not belong to Scheduled Tribes category. Therefore, even if it is accepted that ‘Gond’ Caste falls under the Scheduled Tribes category, the fact whether the petitioner belongs to ‘Gond’ Caste or not is not established. The letters of the Collector, annexed as Annexure-A and B to the counter affidavit of the Commission, are not clear in this respect. Petitioner did not belongs to ‘Gond’ Caste is one matter and ‘Gond’ Caste does not fall in the category of Scheduled Tribes is another. If the petitioner does not belong to ‘Gond’ Caste then 4 even if ‘Gond’ Caste falls in the category of Scheduled Tribes it is of no benefit to him. ‘Gond’ Caste falls in the Scheduled Tribes category is now not disputed. But the petitioner actually belongs to ‘Gond’ Caste or not is requires verification. This does not appear to be clear from any of the documents annexed with the counter affidavit. Therefore, the District Magistrate, Muzaffarpur is directed to get an enquiry held, from whatever source he may think proper, to verify as a fact whether the petitioner belongs to ‘Gond’ Caste or not. If it is found on enquiry that the petitioner belongs to ‘Gond’ Caste then, in view of the judgment of the Apex Court and different judgments of this Court, the petitioner will be entitled to be considered as a candidate of Scheduled Tribes category. In that situation, the cancellation of his recommendation, vide Annexure-1, shall stand quashed and the Collector shall be obliged to act upon the original recommendation of the Commission made in favour of the 39 candidates in which the name of the petitioner figured at serial no. 36 and pass appropriate orders in 5 accordance with law. The Collector, Muzaffarpur shall complete this exercise and pass final orders within two months from the date of receipt/production of a copy of this order. The writ application is disposed of with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)