Anjan Kumar vs Union Of India & Ors

J U D G M E N T H.K.SEMA,J The appellant Shri Anjan Kumar is the offshoot of the wedlock between Shri Lakshmi Kant Sahay, District Gaya in the State of Bihar and Smt. Angela Tigga who belongs to Scheduled Tribe community of Oraon Tribe, village Pondi Potkona, Distt./Division Raigarh, State of Madhya Pradesh. By an order dated 7th August, 1992 Scheduled Tribe certificate was issued to the appellant by S.D.M., Gaya on the ground that the mother of the appellant Smt. Angela Tigga belongs to Oraon tribe which is recognised as a Scheduled Tribe in the State of Madhya Pradesh. The appellant appeared before the Civil Service Examination in 1991 conducted by the Union Public Service Commission claiming himself to be the Scheduled Tribe candidate. In the said examination he had passed the written test but could not qualify in the interview. He again appeared in the Civil Service Examination conducted by the Union Public Service Commission in the year 1992 and passed the written examination. In 1993 he was called for interview. The result of the successful candidates was published and he stood at 759th rank in order of merit. He was also allotted Indian Information Service Grade A. However, the appellant did not receive any final posting order, which had resulted in filing many representations to the Union of India. In one of representations dated 14th September, 1994 the appellant also stated that he belongs to Scheduled Tribe category and his sub-caste is Oraon.

Having failed to receive any positive response from the respondents, he filed an Original Application before the Central Administrative Tribunal, Principal Bench, New Delhi being O.A. No. 2291 of 1994, inter alia, seeking direction to the Union of India to allow the appellant to join training. In response to the notice issued by the Tribunal, the Union of India, by its letter dated 9th November, 1994, conveyed to the Tribunal that the appellant has not been brought up in tribal environment and that his father is a non-tribal and, therefore, he cannot be treated as a Scheduled Tribe. Further, the Union of India, as directed by the Tribunal, conducted the enquiry into the question whether the appellant belongs to Scheduled Tribe community and the enquiry was conducted by the Additional District Collector, Jaispurnagar, District Raigarh, Madhya Pradesh and the report was submitted on 26th June, 1995. The enquiry report obviously was against the appellant. After examining the enquiry report submitted as aforestated, the Tribunal ultimately dismissed the Original Application No. 2291 of1994 by order dated 12th December, 1995. Aggrieved thereby the appellant filed a Writ Petition being C.W.P No. 647 of 1997 before the High Court of Madhya Pradesh at Jabalpur, inter alia, challenging the enquiry report submitted by the enquiry officer on the allegation of violation of the principles of natural justice inasmuch as no opportunity of hearing had been accorded to the appellant. The learned single Judge of the High Court after perusing the records and the enquiry report, submitted by the enquiry officer, dismissed the Writ Petition by order dated 22nd January, 1999. The appellant thereafter carried an unsuccessful appeal before the Division Bench in L.P.A. No. 138 of 1999, which was dismissed by the L.P.A. bench on 3rd December, 1999. Hence, the present appeal by special leave.

In the case of Valsamma Paul (Mrs.) vs. Cochin University and others (1996) 3 SCC 545 this Court again examined the entire gamut and came to the conclusion that the condition precedent for acquiring Scheduled Tribes Certificate one must suffer the disabilities - Socially, Economically and Educationally. The facts of that case are important and may be recited in a nutshell. Two posts of Lecturers in Law Department of Cochin University were notified for recruitment, one of which was reserved for Latin Catholics (Backward Class Fishermen). The appellant was a Syrian Catholic (a Forward Class). She married to Latin Catholic (Backward Class Fishermen) and had applied for selection as a reserved candidate. The University selected her on that basis and accordingly appointed her against the reserved post. Her appointment was questioned by another candidate by filing a writ petition praying for a direction to the University to appoint the petitioner in place of the appellant. The learned single Judge allowed the Writ Petition. On appeal being filed before the Division Bench concerning the important question of law a reference was made to the Full Bench. The Full Bench held that though the appellant was married according to the Canon Law, the appellant being a Syrian Catholic by birth (Forward Class), by marriage with the Latin Catholic (Backward Class Fishermen) is not member of that Class nor can she claim the status as a Backward Class by marriage. On an appeal being preferred before this Court against the decision of the Full Bench this Court after referring to various decisions of this Court upheld the Judgment of the Full Bench. This Court held in paragraphs 33 and 34 as under:

The Scheduled Caste and Scheduled Tribe Certificate is not a bounty to be distributed. To sustain the claim, one must show that he/she suffered disabilities - socially, economically and educationally cumulatively. The concerned authority, before whom such claim is made, is duty bound to satisfy itself that the applicant suffered disabilities socially, economically and educationally before such certificate is issued. Any concerned authority issuing such certificates in a routine manner would be committing the dereliction of Constitutional duty.

In the result, there is no merit in this appeal and it deserves to be dismissed with costs. The tribal certificate dated 7th August, 1992 procured by the appellant by misrepresentation of the facts is quashed and set aside. The appeal is dismissed with costs.