SUBRAT PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This order disposes of LPA No. 767 of 2003 arising out of CWJC No. 6854 of 2002, LPA No. 799 of 2003 arising out of CWJC No. 14573/2001 and LPA No. 1351 of 2001 arising out of CWJC No. 14017 of 2001.

(2.) CWJC No. 6854 of 2001 was originally filed to quash the order of the District Magistrate dated 3.6.2002 (Annexure 13 therein) by which the caste certificate issued to the appellant declaring him to be Scheduled Caste was cancelled. CWJC No. 14573 of 2001 was originally filed by the appellant to quash the circular dated 11.12.1985 (Annexure-5 therein) issued by the State Government, in partial modification of circular dated 3.3.1978, limiting the benefit of scheduled caste status to the offspring of a higher caste male and a scheduled caste female only in the event of a valid marriage between the two. CWJC No. 14017 of 2001 was originally filed to quash the enquiry report of the District Magistrate dated 1.10.2001 (Annexure 11 therein) holding that the petitioner had fraudulently obtained a caste certificate declaring him to be a scheduled caste in the facts and circumstances.

(3.) It would thus appear that the central issue in each controversy was the correct caste of the petitioner. It is not in controversy, and is an admitted fact, that the petitioner is the offspring as an illegitimate child borne out of the relationship contrary to taw between Nirmala Devi, a scheduled caste lady and one Chanchal Prasad, a "Surhi" by caste. This categorization comes in the OBC category. The mother of the appellant, Nirmala Devi, was a scheduled caste. The father of the appellant thus admittedly belonged to a higher caste.