SUBHASHINI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application has been filed for quashing of Annexures -1 and 2, the order of Controller of Examination, Bihar Combined Entrance Competitive Examination Board dated 26.11.2002, by which order of allotment and order of admission of the writ petitioners in M.B.B.S. course in different colleges in Bihar on the seats reserved for SC/ST have been cancelled in view of report of the District Magistrate, Aurangabad and the District Magistrate, Kaimur at Bhabua.

(2.) A further prayer has been made for quashing of Annexure -3 which is the cancellation order of the caste certificate issued from the office of the Sub -divisional Officer, Aurangabad.

(3.) THE contention on behalf of the petitioners is that a caste certificate cannot be cancelled on the ground that it has been issued by different authorities as in the present case as the mother and father of the petitioners are posted at two different places, as such, they could have very well obtained the caste certificate from the place of their residence. The requirement is of obtaining a caste certificate from the place they reside and not the place originally from where they belong. It has further been argued that if the mother and the father or the petitioners have been accepted as belonging to the Gond caste i.e. a sub -caste of the scheduled tribe then their offspring automatically become Gond that is a scheduled tribe. In support of their contention a long list of documents have been relied upon by the counsel of the petitioners that is the entry into Khatian, i.e. of the year 1913 as contained in Annexure -5 and other documents of the year 1924 and onwards to show that the aforesaid documents went to show that they were of Gond caste with their profession being that of Cutter. Other documents also as contained in Annexures -6, 7, 8 and 9 have been relied on for the same purpose. Annexure -10 is the enquiry report of Information Officer (Parsar Padadhikari), Bhabua deted 12.6.1998 submitted to the Sub -divisional Officer, Bhabua relying on census report and other relevant documents and the customs adopted by the petitioners family. It has been submitted in the report that the family was a subcaste of Gono" tribe and such castes are scheduled tribes. Further testimonials issued by the Sub -divisional Officer has also been annexed in support of the contention that the services of the oetitioners forefathers have been appreciated towards their contribution to the upliftment of the community. Other research papers as contained in Annexure -12 have been relied upon to show that Gond community resided in the area from where petitioners belong. Annexure -13 has been brought on record to show that different members of the petitioners family have been granted caste certificate of being Gond as scheduled tribe, since 1957 onwards till 2002. These certificates have been relied upon to show that this was the settled and accepted fact that the petitioners and their family members were Gond and scheduled tribe and a settled thing was tried to be unsettled on flimsy ground after holding a superficial enquiry. According to learned counsel, a settled thing cannot be unsettled in this way. No detailed enquiry has been held. The contention of learned counsel tor the petitioners is tnat nothing nas been brought on record to satisfy the Court that the matter had been enquired at length and cogent reason were there for the district authorities to cancel the caste certificate of the petitioners. Caste certificates being issued from Aurangabad where the mother of the petitioners was working as the Principal in the local college could not have been a ground for cancellation of the caste certificate. According to learned counsel, overwhelmina evidence on record which goes to show that they belonn to the scheduled tribe community and as such, Annexure -3 be quashed and consequential order issued by the Controller Examination being Annexures -1 and 2 be also quashed.