SANJAY KUMAR PRIYADARSHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) This application is for quashing of the memo no. 119 dated 25.1.2000, as contained in Annexure - 13. of the writ petition whereby the caste certificate issued in favour of the petitioner was cancelled. Petitioner also challenges the memo no. 226 dated 30.4.2001 to the effect that the petitioner is not entitled to receive the caste certificate of scheduled caste in his favour and the deed of adoption dated 7th October, 1987, as contained in Annexure -1 was found to be created only for the purpose of taking the benefit attached to the scheduled caste category.

(3.) IT has been submitted on behalf of the petitioner that he was born to a Barber family, a backward community, however while at the age of five years he was adopted by the parents of scheduled caste community for that a deed of adoption was executed on 7.10.1987 (Annexure -1).It is further submitted that the petitioner passed the matriculation examination in the year 1988 vide certificate dated 24th August, 1988, as contained in Annexure -A to the counter affidavit. He made an application for his appointment as School Teacher to the Bihar Public Service Commission, who after written examination and completing the required formalities recommended the name of the petitioner for appointment to the District Magistrate, Purnea for taking necessary action regarding the appointment upon verification of certificates. In course of such verification of the certificates it was detected that the petitioner applied for appointment giving the name of his father as Nageshwar Paswan whereas the matriculation certificates bears the name of his father as Satyadeo Thakur and on account of that the petitioner was not appointed. The petitioner as per the memo no. 119 dated 25.1.2000 was directed to submit back the caste certificate issued earlier in his favour. The petitioner challenges the aforesaid order on the ground that he was given in adoption at the age of five years, and as such, the certificate which was issued in his favour was legal and valid. Besides the above it is submitted that the Circle Officer, Bhawanipur also enquired into the matter and submitted his report to the District Welfare Officer, Purnea as per the memo no. 665. dated 5.9.1998, as contained in Annexure -8 to the writ petition to the effect that the petitioner is the adopted child of one Nageshwar Paswan. Referring to letter no. 11 dated 15th April, 2001, as contained in Annexure -16, it is submitted that the reasons assigned by the authorities for holding that the petitioner is not entitled to the certificate of scheduled caste on the ground that the petitioner appeared in matriculation examination in the year 1988 and in the application form of such examination written the name of his father as Satyadeo Thakur and not the name of the alleged adoptive father namely, Nageshwar Paswan cannot be accepted as a valid consideration, and as such, on the above grounds it has been submitted that the Annexures -13 & 16 deserve to be quashed.