LAXAMAN MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) WHEN the Writ Application was filed by the petitioner he was looking for quashing of the entire proceeding against him, as respondent-authorities had failed to carry out exercise of enquiry within the limited time-frame, which emerges from order, contained in Annexure- 1. He also wanted payment of salary etc. as a consequence thereof.

(2.) THE Writ Application to the misfortune of the petitioner came to be admitted on 16.08.2002. At that point of time an order contained in Annexure- D was brought to the notice of the Court, which is dated 29.07.2002. By virtue of this order passed by the District Superintendent of Education, Madhubani, petitioner was dismissed from service on the ground that he had obtained employment under the State as an Assistant Teacher by mis-declaration of caste. Petitioner was appointed way back in the year 1973 on the post of an Assistant Teacher. After many years of service when the petitioner asserted his right for promotion, his service was terminated vide Memo No. 4507, dated 23.12.1998 on the ground that he had produced a forged caste certificate to obtain appointment. According to the petitioner as well as the State, caste certificate, so produced, indicated the petitioner belongs to what is known as "Turi", because it is said to be a scheduled caste. All along petitioner has stuck to the position that he was a scheduled caste and continues to be scheduled caste, but on a misunderstanding of social structure, the respondent authorities have declared him to be an imposter as a scheduled caste. In enquiry, they have found that petitioner belongs to what is known as "Khatwe" caste, which according to the State is not a scheduled caste but EBC.

(3.) IN addition to the above submission as well as the stand, a supplementary affidavit filed today brings on record a significant document, dated 15.09.1985, which is Annexure ­ 7. Reading of the said document would show that the recommendation of Mungeri Lal Commission as well as inputs taken from various organizations does reflect the position that "Khatwes" broadly come under the spectrum of "Chaupal", who are found in the district of Darbhanga, Madhubani and few other districts adjoining hereto. They happen to be scheduled castes. "Chaupal" have been indicated and designated in the presidential proclamation as scheduled caste, therefore, the finding given by the State authorities as to the social status to the petitioner to be a "Khatwes", in no manner alters his position in society of that of being a scheduled caste. The State could have had an arguable case, provided petitioner was a usurper of a post reserved for scheduled caste, but whether he goes by the surname or name of "Turi", "Khatwe" or "Chaupal", he continues to be a scheduled caste and the finding recorded against him that there was misrepresentation and petitioner had tendered a certificate of scheduled caste by showing himself to be "Turi", when he was a "Khatwe" is only argument for the argument sake. The larger picture does not alter the status of the petitioner.