NITYANAND SHARMA Vs. STATE OF BIBAR

JUDGEMENT

(1.) Whether the petitioners who are 'Lohar' by caste are members of the Scheduled Tribe is the question involved in this writ application.

(2.) Shortly put the fact of the matter reads thus : Pursuant to an advertisement, the petitioners applied for taking admission in the Medical College. According to the petitioners they are 'Lobar' by caste and, thus, are members ot Scheduled Tribes in view of the notification issued by the President of India in the year 1976 and the information book issued by the Bihar Public Service Commission a copy whereof is contained in Annexure-4 to the writ application ; from a perusal thereof it would appear that in item No. 20 shows that 'Lohar' has been mentioned as one of the Scheduled Tribes for the entire State of Bihar The petitioners have also annexed a caste certificate dated 10-10-1991 granted by the Sub-Divisional Officer, Muzaffarpur, to the effect that they are 'Lohar' by case which is contained in Annexure-5 to the writ application.

(3.) Admittedly, the petitioners were declared successful in the written entrance test held for admission in the Medical College and in the merit list the name of petitioner No. 1 is at serial No. 12. and that of petitioner No, 2 at serial No. 46. They, however, were denied admission on the ground that they are not members of Scheduled Tribe.