SHAMBHU PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) HOARD Counsel for the petitioner.

(2.) THE petitioner has come to this Court challenging the action of the Principal, Kendriya Vidyalaya, Gopalganj in striking -off the name of his son who was earlier admitted in the school for failure to produce his caste certificate.

(3.) THE explanation as to why the caste certificate was not produced comes from the counter affidavit filed not on behalf of the School but on behalf of the District Magistrate, Gopalganj. In this affidavit, it is stated that the petitioner had not even applied for the caste certificate for his son. lt is further explained that earlier GOUR/ GONR domiciled in the district of Gopalganj were equated with GOND (presumably on account of phonetic similarity) and they were accordingly given caste certificate as Scheduled Tribes. Latter, the fallacy was realised and the GOUR/GONR were taken away from the Scheduled Tribes category and were put in OBC Schedule -l and the GOUR/GONR of Gopalganj were now given the caste certificate of OBC Schedule -l. In the affidavit, it is stated that the petitioner, apparently aware of these developments, had not filed an application for the caste certificate of his child.