SUNEET SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the Bihar Combined Entrance Competitive Examination, 2002, the petitioner Suneet Singh, son of Tulsi Prasad has been selected for admission in the M.B.B.S. course on one of the seats reserved for the scheduled tribes. He is required to produce his caste certificate at the time of counselling which is scheduled for October 17 & 18, 2002. It is the case of the petitioner that he went to the sub -divisional officer, Sadar, Patna for a caste certificate showing him as belonging to Kharwar community, which, according to the petitioner, is one of the scheduled tribes. Failing to get the desired certificate, he came to this court seeking a direction to the respondent authorities to issue him the caste certificate testifying that he belonged to the Kharwar community.

(2.) BY order, dated 9.9.2002, the Sub -divisional Officer was directed to consider the petitioners request and to issue him the caste certificate after due enquiry. In pursuance of the courts order, the Sub -divisional Officer held an enquiry on the basis of which he expressed his inability to issue the certificate as claimed by the petitioner; on the basis of the enquiry the Sub -divisional Officer came to the finding that the petitioner was not a Kharwar but he belonged to Kahar caste (Chandravanshi) which is included in the list of most backward castes.

(3.) IN the supplementary affidavit the Subdivisional Officer has dealt with each of the documents/ certificates submitted by the petitioner. With regard to the certificates issued in favour of his brother and sister, it is stated that those certificates were issued on someones recommendation, without any proper verification. As to the case of the father, it is stated that the petitioners father Tulsi Prasad was an employee of the Bihar Public Service Commission where he was currently placed under suspension and was being proceeded against on the charge of using a fake caste certificate (showing him as a Kharwar) for getting promotion etc. It appears that the Sub -divisional Officer also called for the materials relating to the proceeding against the petitioners father pending before the Bihar Public Service Commission.