ANJAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was selected by the UPSC on the basis of a Civil Services Examination of 1992 for one of the civil posts under the Union. The petitioner claimed appointment as a candidate from the category of Scheduled Tribe Oraon. The Union of India in its concerned department of personnel and Training on 15.12.1994 (Annex P -7) sent a communication for enquiry to Secretary of State of M.P. in the Social Welfare Department to confirm whether the petitioner's claim for status as Member of Scheduled Tribe category Oraon is true or not. In support of his claim the petitioner had filed a certificate of his mother being a member of Scheduled Tribe Oraon. On the claim made by the petitioner Union Government directed the State Government to make enquiry and report whether the petitioner is Oraon and a member of Scheduled Tribe and whether he has been accepted by the Scheduled Tribe Community Oraon.

(2.) ON the instructions of the Union of India the Additional Collector, Jashpurnagar heard the petitioner, examined the witnesses and the documents produced by him in support of his claim. The Additional Collector by his report (Annex. P -8) dt. 16.6.1995 came to the conclusion that the petitioner's father belonged to the higher caste Kayashta and the petitioner was throughout brought -up and educated in Gumla and Gaya. It is concluded from the evidence led by the petitioner that he never lived long in village Podipatkona of his mother who was a member of Scheduled Tribe Oraon. It has also been held that the petitioner never lived as a member of Oraon Community. On the basis of the enquiry report of the Additional Collector the matter was re -examined by the concerned department of the State of M.P. which by its communication dt. 4.7.1995 sent it to the Union of India to confirm the enquiry report and the conclusions therein.

(3.) NO return has been filed by the respondents. This Court, therefore, heard the counsel for the petitioner. On perusing the enquiry report of the Additional Collector dt. 26.6.1995 this Court finds that the conclusions recorded by the Enquiry officer are wholly justified. The petitioner's mother might have been a member of Scheduled Tribe but she was married to Dr. L.K. Sahay, father of the petitioner who was a Kayastha. The deponents to the affidavit earlier filed by the petitioner from the Members of the Oraon community namely his maternal Uncle and Aunt Marianus Tigga and Mariam Tigga have not supported the averments made in the affidavit. According to these witnesses the affidavits were obtained from them without explaining to them the contents of the same. Augusths Khalko of the concerned village Podipatkona has stated that the petitioner was throughout brought up and educated in Gumla and Gaya and only occasionally for a brief periods he came on visit to village Podipatkona. On these facts, the finding recorded by the Enquiry Officer cannot be held to be in any manner unjustified or liable to be reversed.