UNION OF INDIA Vs. DUDH NATH PRASAD

JUDGEMENT

(1.) Respondent is a member of the Indian Administrative and Allied Services. He was appointed in 1968 against a reserved vacancy as he was treated to belong to Nuniya community which was declared to be a Scheduled Caste community in the State of West Bengal and not in State of Bihar where the respondent was born and had his schooling throughout even upto Graduate level. It was for this reason that the Comptroller and Auditor General wrote to the respondent that he cannot be treated as a member of the Scheduled Caste community. This letter was received by the respondent while he was working as Deputy Accountant General and had been selected for Post-Graduate Diploma Course in Financial Studies in the United Kingdom under Colombo Plan. While he had made all preparations and even purchased air ticket to proceed to the United Kingdom, he received the above letter which scuttled his programme.

(2.) Respondent, at that stage approached the Central Administrative Tribunal where he contended that he belonged to "Nuniya caste and the Caste Certificate produced by him at the time of his examination, which was duly checked and verified by the Union Public Service Commission (UPSC, for short), had been properly issued by the Sub-Divisional Officer, Howrah, as his parents had been residing in that State for over 30 years prior to the date on which the examination was held by the Union Public Commission. His contention was accepted by the Judicial Member of the Tribunal, but the Administrative Member did not agree and gave a dissenting judgment. Consequently, the matter was referred to the Chairman who, by his judgment and order dated 15-12-1987, which is impugned in this appeal agreed with the Judicial Member and found that the respondent did belong to the Nuniya caste, which was only notified as a Scheduled Caste in the State of West Bengal. It was further found that the ordinary place of residence of the parents of the respondent was Howrah from where the Caste Certificate was produced by the respondent, which was a proper and valid certificate. The claim petition was allowed with these findings and it is against this judgment that the Union of India has come in appeal before us.

(3.) Shri P. P. Malhotra learned Senior Counsel for the Union of India has contended that in allowing the Claim Petition the Tribunal committed a manifest error in not considering the true impact of the vital fact that the respondent was born in a village in Siwan District in the State of Bihar where he also received his early education. He also graduated from University in Bihar and, therefore, for all intent and purposes he was to be treated as member of "Nuniya" community of Bihar, which, for that State, has not been declared to be a Scheduled Caste.