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RAMAVATAR A v.

STATE OF BIHAR AND ORS.

APRIL 7, 1997

[K. RAMASWAMY AND D.P. WADHWA, .IJ.) B

Scheduled Tribe-Status certificate-Ge11ui11eness of-Appel/a/It's claim for promotion on the basis of Scheduled Tribe status-Rejection of-None of appellant's forefather granted status certificate-Family histo1y indicated that his claim was higlily doubtful-Appellant held not eligible for C status as Scheduled Tribe. ..,

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2951-52 of 1997.

From the Judgment and Order dated 15.4.96 of the Patna High Court D in L.P.A. No. 130of1996 and 165of1996.

Pramod Swarup for the Appellant.

Pravir Chaudhry, Manoj Saxena and Irshad Ahmad for the Respondents.

K.N. Rai and B.B. Singh for the Respondent No. 7.

The following Order of the Court was delivered :

Leave granted.

The appellant claims for promotion as Engineer-in-Chief on the basis

of a Scheduled Tribe Status. In the judgment in Major Yogendra Narain F Yadav v. State of Bihar & Ors., the right of the person has been determined.

In this case, the question arises is: whether the appellant really belongs to Scheduled Tribe? With a view to find the genuineness of the status as Scheduled Tribes, we had directed the petitioner to file genealogy table of his family history. It is now admitted in his affidavit that the family of the appellant hails from Bilaspur, Madhya Pradesh. He claims that his G forefathers had migrated to Bihar and that the appellant had _done his education there and had obtained the certificate also from the District Magistrate, Patna. Admittedly, none of his forefathers had been granted any such certificate. The family history, as stated in the affidavit indicates as under: H 683

Shashi Bala F Daughter married to O.P.

Gond, Patna City Patna G

SUPREME COURT REPORTS

(1997) 3 S.C.R.

Late Tulsi Sah

Ram Avatar (Son)

Married with Y ashoda Devi Ara District Old Shahabad District.

"GENEOLOGY Late Chilbili Sah Late Chintaman Sah

Late Hira Sah

Late J anki Sah

Kaushalya (Widow) (Daughter)

Married with late Ganga Pd., Patna

Late Mahabir Sah

Laxmi Narayan (Son)

Married to Bagaha District Bettiah, Old District Motihari

Rashmi Bala Daughter

Ushmi Bala Daughter Abhijit

Son

..... All are married .....

Nishi Bala Rishi Pa wan Suman Sandhya Pragati Raman Bala Kumar Kumar Gond Kumar

Daughter Daughter Good Son Daughter Daughter Son n1arried to n1arried son unn1arrmarried n1arried un- Raghunath to Unn1arried to to Ajay n1arried Manjhi Lasia Birendra ied Chapra Kr.,

P.S.E.

Sah District Patna Kurrudcg in Jarsuguda presently Semdega in in Gopalganj the Ranchi Sabalpur District District now District Gum la Presently District Jharsuguda (Orissa)

RAMAVTAR.v. STATE 685

A reading of this family history indicates that his claim as Scheduled A.

Tribe is not only highly doubtful but beyond comprehension to believe that he is eligible for the same. Under the circumstances, we do not find any substance to interfere with the order of the High Court. However, it would be open for the appellant to be entitled to compete as a general candidate.

The appeals are accordingly dismissed but without any order as to B costs.

T.N.A.

Appeals dismissed.