VINOD KUMAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the State, as also for the Bihar Public Service Commission.

(2.) THE petitioner was granted a caste certificate by letter no. 217 dated 3.8.1994 classifying him as a "GOND", a scheduled tribe. He applied for appointment on the post of Acconts Clerk/Assistants in response to an advertisement. Having competed in the selection process held by the commission his name was recommended for appointment in the aforesaid category. When he appeared before the District Establishment Committee for appointment, his caste certificate was re - enquired. By the impugned order dated 5.7.2005 it was held that he was not a "GOND" by caste. His earlier caste certificate was cancelled and he was denied appointment. The petitioner then approached this Court. A supplementary affidavit has been filed today that during pendency of this application the caste certificate of the petitioner has been restored by a fresh certificate in his favour by letter no. 3345 dated 24.8.2007 issued by the Sub - Divisional Officer, Dumraon. Buxar certifying that he was "GOND" by caste. The caste status of the petitioner thus stands restored.

(3.) THE only ground for rejection of his appointment after recommendation therefore does not survive any more. The petitioner is therefore clearly eligible for appointment in accordance with the recommendation made by the commission since his name figures in the list of the successful candidates.