SHIV KUMAR SHARMA Vs. DISTRICT MAGISTRATE GORAKHPUR

JUDGEMENT

(1.) -Since the facts of both these writ petitions are common, they are being decided together. Counter and Rejoinder-affidavits have been exchanged and with the consent of learned counsel for the parties, these writ petitions are being disposed of at the stage of admission.

(2.) FOR certain posts of Assistants in the Life Insurance Corporation of India (hereinafter referred to as the 'Corporation') which were reserved for Scheduled Castes and Scheduled Tribes, the petitioner also applied. The application was accompanied with a certificate dated 5.10.1970, issued by the Additional District Magistrate (Executive), Gorakhpur, certifying that the petitioner was 'shilpkar' by caste, which falls within the category of Scheduled Caste. After undergoing the selection process, the petitioner was issued an appointment letter on 6.12.1971 and was posted at branch office of the Corporation at Gorakhpur. The petitioner continued to work as Assistant in the Corporation. Regarding his work, there was no complaint nor there was any adverse entry in the service record of the petitioner during the entire period of his service.

(3.) NOT being satisfied with the aforesaid contradictory reports, the Corporation again wrote to the District Magistrate to clarify about the caste of the petitioner. In response thereto, the District Magistrate, vide his letter dated 25.10.1989, wrote to the Corporation that regarding the verification of the caste of petitioner, inquiry was made from the concerned Departments, on perusal of which the position relating to the alleged caste of the petitioner appears to be doubtful and it transpires that the petitioner belongs to "badhai" caste. The conclusion arrived at by the District Magistrate, which is in Hindi, is as under : ""� ??� ��� ??� ��� ?�� ?�S��??� �S��� � ?"U ?� ?��� "U�?�� "�U- ?U��� S�� �� ʰ� o���� ??� o? �??� ? �?� � "U�?�� "�U �?� ��� �?ʸ ��� ??� '...?U߸ "ҥU-"" Admittedly, the report was submitted by the District Magistrate without giving any notice to the petitioner or affording him any opportunity.