RAMAVATAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) JUDGMENT :- Leave granted.

(2.) THE appellant claims for promotion as Engineer-in-Chief on the basis of a Scheduled Tribe Status. In the judgment in Major Yogendra Narain Yadav v. State of Bihar, 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 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 : <IMG>JUDGEMENT_764_4_1997Image1.jpg</IMG> <PG>766</PG> <FRM>JUDGEMENT_764_4_1997Html1.htm</FRM>