LAWS(PAT)-2017-2-4

KISHORI DAS, SON OF LATE BHUKHNU DAS, RESIDENT OF EAST LOHANIPUR, P.S. Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, PATNA

Decided On February 04, 2017
Kishori Das, Son Of Late Bhukhnu Das, Resident Of East Lohanipur, P.S. Appellant
V/S
The State Of Bihar Through The Chief Secretary Govt. Of Bihar, Patna Respondents

JUDGEMENT

(1.) The challenge in the present petition is to the Notification dated 22nd April, 2015, published in the Extra-ordinary official Gazette by the State Government on 28th April, 2015 whereby the Teli (Hindu and Muslim) and Tamoli castes were deleted from Schedule-II of the category of Other Backward Classes (for short, 'OBC') and included in Schedule-I of the Extremely Backward Classes (for short, 'EBC') of the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991 (for short, 'the Act').

(2.) It is alleged that the State has acted unjustifiably by providing a favourable, easy and convenient competition to caste Teli to compete with EBC and unprivileged Sec. and thereby to keep the major share of jobs. It is alleged that caste Teli is a prosperous advanced backward caste, who is suitably placed with other equal castes like Yadav, Koeri, Vaishya and Kurmi and their inclusion in Schedule-I will result in competition amongst unequal resulting in gross injustice to the members of EBC. It is alleged that the report and recommendation submitted by the Bihar State Commission for Backward Classes (for short, 'the Commission') is hurriedly and perfunctorily drawn on the dictate of the State Government and, therefore, no order of deletion or inclusion of any caste in Schedule-I can be validly passed.

(3.) The grievance of the petitioner is that by shifting Teli and Tamoli castes in the Schedule-I, which is the list of EBC, from Schedule-II, which is the list of Backward Classes, will affect their chances of appointment.