PRABHUNATH BHARTI Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition, the Petitioner challenges the legality and validity of the impugned order dated 3.11.99 (Annexure A/5), whereby the Respondent No. 4/ Collector, Bastar, Jagdalpur has found that the caste certificate submitted by the Petitioner was not correct, as he belongs to "Kalar" community. In view of that, appointment of the Petitioner on the post of Assistant Teacher, Primary School, Keshapur, Block Darbha was cancelled and by the impugned order dated 14.8.2000 (Annexure A/6), the appeal filed by the Petitioner was dismissed by the Commissioner, Bastar Division, Jagdalpur.

(2.) ACCORDING to learned Counsel appearing for the Petitioner, the Petitioner belongs to "Halba" community, which is declared as aboriginal tribe. Certificate to that effect was issued by the Naib-Tahsildar, Jagdalpur vide order dated 1.2.92 (Annexure A/1). The Petitioner, on the basis of the said caste certificate issued by the Naib-Tahsildar, Jagdalpur, applied for appointment on the post of Lower Division Teacher and after proper selection, the Petitioner was appointed as Lower Division Teacher and was posted in Primary School, Keshapur, Block Darbha vide order dated 9.1.81 (Annexure A/2).

(3.) BEING aggrieved and dissatisfied with the said order, the Petitioner filed an appeal, being Appeal Case No. 25/B-121/99-2000, before the Commissioner, Bastar Division, Jagdalpur. The Commissioner dismissed the appeal vide order dated 14.8.2000 (Annexure A/6).