IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8450 of 2009 1.DEVENDRA PRASAD SINGH, Son of Sri Harihar Prasad Singh, R/o village- Kochaha, P.S.-Tedhagachh, District-Kisanganj.. Versus 1. THE STATE OF BIHAR 2. The District Officer, Kisanganj. 3. The D.S.I., Kisanganj. 4. The Member District Teachers Employment Appellate Tribunal, Kisanganj. 5. The B.D.O., Tedhagachh, District-Kisanganj. 6. The Panchayat Secretary, Gram Panchayat Raj Dakpokhar Block, Tedhagachh, District- Kisanganj. 7. The Mukhiya ,Gram Panchayat Raj Dakpokhar Block, Tedhagachh, District-Kisanganj. 8. Kishor Kumar Singh, Son of Jainarayan Sigh, R/o Village- Rahmatpur, P.O.-Matiari, P.S. & Block, Tedhagachh, District-Kisanganj. ----------- 6. 09.05.2011 By virtue of Annexure-1, the Tribunal has expressed serious doubt whether the present petitioner really falls within the category of E.B.C. by virtue of being Kochh caste because there are some materials which shows that the ancestor of the petitioner are Rajbanshi who fall within the B.C. community. The Tribunal seems to have gone in favour of holding the petitioner to be a Rajbanshi, and thereafter, declaring that the petitioner had furnished wrong caste certificate to get the benefit of reservation as E.B.C. The findings and the discussions may cast some kind of doubt over the status of the petitioner and the caste to which he really belongs but so long 2 as the caste certificate which has been issued by the Sub Divisional Magistrate, indicating the petitioner to be Kochh caste exists then the declaration given by the Tribunal cannot be allowed to operate. If the private respondent is serious about the matter, he has to either endeavour to see that the caste certificate issued in favor of the petitioner is annulled by the authority who had issued it or by filing an appropriate suit for declaration in this regard. In view of the above, the direction of the appellate authority as contained in Annexure -1 dated 08.06.09 cannot be allowed to be implemented. The writ application is disposed of with liberty to the private respondent to choose the forum as well as the kind of remedy of his choice. Nitesh (Ajay Kumar Tripathi, J.)