JIWAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Assailing the impugned order passed by the District Teachers Employment Appellate Authority, Purnea dated 6.5.2009 learned counsel for the petitioner has submitted that the Tribunal has committed an error in determining the paste of the petitioner. He has submitted that the Tribunal being a forum of limited jurisdiction had no jurisdiction nor competence to decide the caste of the petitioner, inasmuch as such issue could have been decided only by a Civil Court. He has further submitted that the petitioner actually belongs to backward caste and that his appointment made on the post of Panchayat Teacher reserved for the backward caste did not suffer from any error so as to be interfered by the Authority. Learned counsel for the petitioner has also submitted that if there was any dispute with regard to the two caste certificates of the petitioner, the Tribunal in all fairness ought to have examined the Block Development Officer before determining the caste of the petitioner.

(3.) Counsel for the State, on the other hand, having filed the counter affidavit has submitted that the petitioner had made his own declaration in the application filed by him for the post of Panchayat Teacher stating that he belonged to extremely backward category and not only that, he had also supported his such claim by enclosing a certificate of the Sub-Divisional Officer dated 11.4.2005. He has accordingly submitted that the subsequent certificate dated 11.10.2007 issued by the Block Development Officer declaring the petitioner to be belonging to backward category being of the same date on which the petitioner was selected and appointed by the Mukhiya and Panchayat Sachiv by itself would go to show that the original declaration made by the petitioner of his caste at the time of filing of his application was sought to be changed only because the petitioner in the meantime could come to know that the vacancy in question was meant for backward category candidate and not for extremely backward category candidate. He has accordingly submitted that the finding recorded by the Tribunal as with regard to production of a forged caste certificate by the petitioner does not suffer from any error.