PRITI BISWAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has raised a question of some importance, whether there can be a reservation or preference extended to emigrant refugees or not. It has also raised a question whether consideration for appointment to a public service under the State can be confined to the residents of a district of not.

(2.) An advertisement inviting applications for appointment as Assistant teachers in primary and upper primary schools in the district of East Champaran was issued under the signature of the 4th respondent (the District Superintendent of Education. The petitioner qualified under the said advertisement and accordingly applied for consideration of her case in the category of the displaced persons.

(3.) According to the petitioner, her father, Kiranchandra Bishwas was a resident of the district of Faridpur of the then Bengal (now Bengladesh) from where he entered into India as a refugee in the year 1948. He was so registered by the Government of West Bengal on 28-12-1948 and was given registration No. 737000. The petitioner was called for interview and accordingly she appeared with all her certificate etc. before the 4th respondents including refugee certificate granted to her father by the West Bengal Government to show that she was a refugee's daughter. Respondent No. 4 called the petitioner on several dates and on each occasion she appeared before him and produced relevant certificates. She, however, came to know that no weightage was given to her of being a daughter of a refugee of the ground that the Rehabilitation Officer. Bettiah had not issued such certificate.