HARI MOHAN RANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is aggrieved by the order of the Deputy Commissioner, Dumka dated 10-4-1992 cancelling his appointment on the ground that he is not a member of the Scheduled Tribe and his appointment on a post meant for Scheduled Tribe candidate on the basis of false certificate was illegal. Copy of the said order has been marked Annexare-1 to the writ petition.

(2.) The petitioner is a Karnar. According to him, Kamar is the same as Lohar or Lohra, which has been declared to be a Scheduled Tribe in the Scheduled Caste and Scheduled Tribe Order (Modification) Act, 1976 so far as the State of Bihar is concerned. According to the respondents, on the other hand, Kamar or Karmakar and Lohar in the Santhal Parganas have been included in the list of backward class Annexure-II. So far as Lohras are concerned, they are a separate community in the Chhotanagpur, declared as Scheduled. It is not in dispute that the impugned order has been passed after giving show-cause notice and enquiry. It is also not in dispute that the petitioner belongs to Kamar community. The only dispute is whether Kamar is the same as Lohar or Lohra communities.

(3.) Articles 341 and 342 of the Constitution confer power upon the President to specify by public notification the castes, races or tribes or parts of or groups thereof as Scheduled Castes or Tribes, as the case may be, in relation to a particular State after consultation with the Governor. The Parliament has been vested with the power to include in or exclude from the list specified in the notification by making law. Since the instant case relates to Scheduled Tribes, the provisions of Article 342 may be noticed :