AKHILESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALTOGETHER different communities, occupying vastly different positions in the statutory scheme of reservation in government employment, in some cases have names which are not only phonetically similar but also have a very minor difference of spelling. Lured by far more attractive reservation prospects and taking advantage of the similarity in the names of the two communities it some times happens that individuals and families actually belonging to one community would try to assume the identity of the other group. The Circle Officer, Bhabua and the District Magistrate, Kaimur and Bhabua seem to take the view that this is what the petitioner is trying to do. The petitioner on the other hand strongly resents the view taken by the respondent authorities and asserts that he actually belongs to the community as claimed by him.

(2.) ADMITTED position is that GOND (also spelt some times as GONR) is a tribal group being one of the Scheduled Tribes. It is also admitted that GAUR (also spelt sometimes as GOD) is the name of a caste which is included as backward classes : Annexure -l. The dispute in this case is whether the petitioner is a member of GOND tribe and hence, entitled to the reservation facility available to a member of the Scheduled tribes or whether he belongs to the GAUR caste and entitled only to the reservation facility available to the backward classes : Annexure -l.

(3.) THE petitioner appeared in a selection test held by the Life Insurance Corporation of India for appointment to the posts of Assistant. In his application he described himself as a member of the Scheduled Tribes being a GOND. The petitioner was successful in the written test and was called for interview. At the time of interview, however, he was unable to produce his Caste Certificate in the prescribed form and the Corporation refused to accept the Caste Certificate produced by him. He then made an application, dated 8.3.1996 before the Circle Officer, Bhabua Circle, Kaimur for giving him a Caste Certificate in the form prescribed by the Life Insurance Corporation. He aiso made a similar application, dated 29.3.1996 before the District Magistrate, Kaimur at Bhabua. It appears that he faced some difficulty in getting his Caste Certificate in the form prescribed by the Life Insurance Corporation and he approached this court in C.W.J.C. No. 4936/96. That writ petition was disposed of by order, dated 6.5.1996 (Annexure -1) with a direction to the Circle Officer to consider the petitioner 'sapplication for grant of Caste Certificate in the prescribed form and to take all necessary steps in that regard within a week from the date of receipt of a copy of that order.