PANNALAL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE petitioner seeks quashing of the order dated 19.6.2000 (Annexure -4) of the DIG, BMP, Central Zone, Patna by which the representation of the petitioner to treat him in the category of a Scheduled Caste and accordingly, appoint him on the post of constable, has been rejected.

(3.) LEARNED Counsel for the petitioner submits that the reasons given in the order of the DIG are non est and contrary to the law laid down by a learned Single Judge of this Court. It is pointed out that the only ground for rejection of his representation is that he belongs to Scheduled Caste category in the State of U.P. and thus his claim could not be considered as a Scheduled Caste candidate in the State of Bihar and he must be treated as a general candidate in this State. In this regard learned Counsel relies upon a decision of this Court passed on 8.8.2001 in CWJC No. 13190. of 2000 in which it has been held that if a particular caste is treated as Scheduled caste or OBC etc., as the case may be, in the particular State, there can be no justification to deny the benefit of reservation simply because the caste certificate has been obtained from another State, which is the home State or domicile State of the person concerned. Relying on the said decision, learned Counsel for the petitioner states that the petitioner belongs to Dhobi caste which is recognised as Scheduled Caste both in the State of U.P. as well as in the State of Bihar and thus the authorities are not justified in not giving him the benefit as Scheduled Caste candidate.