LAWS(PAT)-2006-6-56

CHANDRA SHEKHAR PRASAD Vs. STATE OF BIHAR

Decided On June 27, 2006
CHANDRA SHEKHAR PRASAD Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and learned Counsel for the State.

(2.) IN this writ petition, prayer of the petitioner is to direct the respondents to grant/Issue caste certificate showing him to be belonging to Scheduled Tribe of Gond.

(3.) SO far the certificate of the Block Development Officer dated 23.6.2006 (Annexure 'B' to the counter affidavit) is concerned, it appears that no such enquiry was held after filing of the petition by the petitioner and the respondents were sitting over the matter and only when this Court passed its order dated 25.5.2006 a non-speaking cursory certificate dated 23.6.2006 in five lines was prepared in haste-post-haste manner and has been produced without giving any opportunity to the petitioner to hear his claim. Furthermore, neither the reports of Revenue Karamchari, Circle Inspector etc. have been produced nor it is shown that on what basis it was arrived at, specially when there is nothing to show any illegality in the earlier certificate of the petitioner. Surprisingly enough even in the subsequent certificate ( Annexure B) it is stated that the petitioner belongs to Gond community of extremely backward class and not of Gond community belonging to Scheduled Tribe. This is quite a strange as according to the Schedule of the Scheduled Caste and Schedule Tribe, there is only one Gond community, which belongs to Scheduled Tribe and it does not belong to any of the backward classes. I am surprised that career of a student, having done his M.B.B.S. and selected for admission in Post Graduate Medical Course is being sought to be adversely affected by such arbitrary and irresponsible attitude of the respondents concerned.