PRABHAT KUMAR SHARMA Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) In this writ application, the petitioner prays for issuance of an appropriate writ in the nature of mandamus calling upon respondents 3 and 4, namely, State of Bihar and the Deputy Commissioner, Dhanbad to issue a caste certificate in the prescribed form to the petitioner as a member of Scheduled Tribe and further for a direction to respondent Nos. 1 and 2, namely, the Union Public Service Commission and its Secretary to consider the case of the petitioner for appointment on reserved quota and recommending the name of the petitioner as member of the Scheduled Tribe for the purpose of filling up the post of civil services.

(2.) Petitioner's case is that he is by caste lohar and is a matter of Scheduled Tribe and on the basis of the presidential order issued and published in the Extra Ordinary Gazette of India published on 29 -11 -1979 whereby all the members of Lohar and Lohra have been declared to be the members of Scheduled Tribes. Petitioner's further case is that pursuant to an advertisement to conduct Civil Services (Main Examination) 1991 and Civil Services (Preliminary Examination), 1992, the petitioner applied as a member of Scheduled Tribe and also filed an application before the Deputy Commissioner, Dhanbad to issue an appropriate caste certificate in terms of the Presidential Order. The petitioner was allowed to appear in the Civil Services Main Examination and Preliminary Examination in the years, 1991 -92 without any caste certificate and the petitioner's case was considered as a general candidate. It is stated that the petitioner has done fairly well at the aforesaid examinations but he was denied for consideration in the reserved category on the ground that lohar is not a member of Scheduled Tribe.

(3.) Mr. V. Shivnath, learned Counsel appearing on behalf of the petitioner very fairly submitted that the question involved in this writ application as to whether Lohar is a member of Scheduled Tribe, has been fairly answered by the Supreme Court in the case of Nityanand Sharma and Anr. v. State of Bihar and Ors. , and their Lordships held that "Lohars are Other Backward Class and not Scheduled Tribe". However, Mr. Shivnath submitted that the decision of the Supreme Court is per -in -curiam, and is not binding inasmuch as the relevant provisions of Official Languages Act, 1963 has not been brought to the notice of the Court. The learned Counsel submitted that according to Section 5 of the said Act a translation in Hindi published under the authority of the President in official Gazette of any Central Act or of any Ordinance promulgated by the President or of any order, rule, regulation or bye -law issued under the Constitution or under any Central Act shall be deemed to be authoritative text thereof in Hindi. Learned Counsel, therefore, submitted that the Presidential Notification in Hindi declaring Lohar as member of Scheduled Tribe shall have to be accepted as authoritative text and, accordingly, the members of Lohar community are the members of Scheduled Tribe.