KAILASH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this appeal preferred under clause 10 of the Letters Patent, the appellant has called in question the defensibility of the order passed by the learned single Judge on 26 -10 -1998 in WP No. 714/97.

(2.) THE facts which are requisite to be stated are that the appellant who was the writ petitioner before the learned single Judge has claimed to be a 'gond' by caste. As putforth his father had come to Jabalpur in the year 1959 from Gajipur, Uttar Pradesh in search of livelihood. His father got employment in the Central Railway at Jabalpur. He retired from service on 31 -3 -1996. As pleaded the writ petitioner born at Jabalpur on 24 -12 -1966. It is urged in the petition that 'gond' caste in UP belongs to Scheduled Caste and M.P. it comes under Scheduled Tribes community. The petitioner obtained the Scheduled Caste certificate from the Office of the Collector, Jabalpur as per Annexure P -11 and applied to Railway Recruitment Board for clerical job. The petitioner qualified in the written examination as well as in the interview and eventually selected. The appellant was given the caste proforma as contained in Annexure P -12 by the Management to fill up and got it signed by the Deputy Collector, Jabalpur. Thereafter the appellant was medically examined on 1 -12 -1989 and found fit for clerical job as per Annexure P -15. He approached the respondent No. 2 for joining his duty but he was not allowed to join on the plea that he did not belong to Scheduled Tribe community in the State of Madhya Pradesh as his father belonged to State of Uttar Pradesh where 'gond' fall in the category of Scheduled Castes.

(3.) AFTER the order was passed by this Court the authority concerned dismissed the appeal without ascribing any reason. Being dissatisfied the petitioner invoked the extraordinary jurisdiction of this Court in Writ Petition No. 714/1997. The learned single Judge took note of the fact the caste certificate granted in his favour has been cancelled on 16 -3 -1990 and the said cancellation was made on an inquiry being made by the Railway at the time of recruitment of the petitioner as a candidate under the Scheduled Tribe category claimed by him. The learned single Judge expressed the view that the petitioner may have been born and brought up in the State of M. P while his father was posted in M.P. but on that basis he cannot claim status of being a Scheduled Tribe Gond in M.P. Learned single Judge referred to Annexures R -1 and R -2 which show gond is Scheduled Caste in Uttar Pradesh under the Constitution (Scheduled Castes) Order, 1950. The learned single Judge also took note of the fact that gond in Madhya Pradesh are Scheduled Tribes but in Uttar Pradesh they are Scheduled Caste and, therefore, the petitioner's father was Scheduled Caste and the petitioner only having been born in Madhya Pradesh could not have the status of Scheduled Tribe.