HARENDRA PRASAD GOND Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this Court for a direction upon the respondent-Hindustan Petroleum Corporation to immediately grant the petitioner dealership / distributionship of LPG of Jamshedpur (Mango), East Singhbhum as the competent authority i.e. Deputy Commissioner, Siwan has duly issued the caste certificate dated 20.06.2007 in favour of the petitioner, wherein it is clearly specified that the petitioner belongs to Gond community and therefore, he is a Schedule Tribe. Further, prayer has been made for a direction upon the respondent-Hindustan Petroleum Corporation to immediately remove Anand Bopai-respondent No.8 from LPG dealer/distributor of Jamshedpur (Mango), East Singhbhum. Further, prayer has been made to hold and declare that the petitioner is legally entitled for obtaining LPG dealership from respondent-Hindustan Petroleum Corporation as he was successfully selected and put at serial No.1 in the merit list on 07.01.2002 in an interview conducted by respondent-Dealer Selection Board. Further, prayer has been made to hold and declare that as the petitioner is declared by the Competent Authority as a member of 'Gond Community' within Schedule Tribe, he has got legal right to obtain LPG Dealership/ Distributionship. Further, prayer has been made to hold and declare that the complaint of Anand Bopai-respondent No.8 to respondent-Hindustan Petroleum Corporation that petitioner is not a member of 'Schedule Tribe' was wholly false, frivolous, baseless and motivated, which unnecessarily victimized and harassed the petitioner and deprived him of the privilege of obtaining LPG dealership.

(2.) The case of the petitioner lies in a narrow compass. An advertisement was published in the daily newspaper 'Aaj Patna" dated 24.08.2000 at the instance of Hindustan Petroleum Corporation Ltd (respondent No.2), inviting applications for grant of LPG distributionship for several places in the State of Bihar including Jamshedpur (Mango), East Singhbhum, however, the said distribtionship for Jamshedpur (Mango) was reserved for the Scheduled Tribes and last date for making application was 12.10.2000. Pursuant thereto, the petitioner applied within time for grant of LPG Distributionship of Jamshedpur (Mango), East Singhbhum and also enclosed the caste certificate issued vide Letter No.1489 dated 19.12.1998. Thereafter, on 07.01.2002, an interview was conducted and a merit list of three persons was prepared in which the petitioner was placed at Sr. No.1. However, the petitioner was shocked to learn from the letter dated 24.01.2002 issued by the Dealer Selection Board, Jamshedpur that Shri Anand Boipai (respondent No.8) has made a complaint, alleging therein that the petitioner does not belong to Scheduled Tribe and is 'Sahu' by caste. Thereafter, the Deputy Commissioner, West Singhbhum, Chaibasa vide Memo No.543 dated 02.03.2003 cancelled the caste certificate dated 19.12.1998 of the petitioner on the basis of the Enquiry Report of Sub-Divisional Officer bearing Letter No. 101 dated 04.02.2002. Aggrieved by the same, the petitioner filed a writ application bearing W.P. (C) No. 2372 of 2002 before this Hon'ble Court, challenging the order of cancellation dated 02.03.2002, which was disposed of vide order dated 14.05.2002 with a direction to the petitioner to file a representation before the Deputy Commissioner, West Singhbhum, Chaibasa, enclosing the relevant evidence in support of his claim of being a member of Scheduled Tribe and this Hon'ble Court was further pleased to observe that 'further, if any selection is made by the Dealer Selection Board, it will be subject to the decision as may be taken by the Deputy Commissioner, West Singhbhum'.

(3.) Pursuant thereto, the petitioner filed a representation before the respondent-Deputy Commissioner, West Singhbhum, Chaibasa, enclosing the order passed by this Hon'ble Court and the documents relied upon by him. But, as the respondents were sitting tight over the matter, the petitioner filed a contempt application being Cont. Case (Cvl.) No. 989 of 2002, however during the pendency of the same, the Deputy Commissioner vide his order dated 18.11.2002 directed the petitioner to take necessary steps to obtain caste certificate from the Competent Authority i.e. Deputy Commissioner, Siwan. Being aggrieved by the order dated 18.11.2002, the petitioner filed a writ petition being W.P. (C) No. 519/2004 before this Hon'ble Court and this Hon'ble Court vide order dated 08.04.2004 dismissed the said writ petition. It is further the case of the petitioner that the said order dated 08.04.2004 was challenged by the petitioner before the Hon'ble Division Bench by filing LPA No.286/ 2004, which was also dismissed vide order dated 05.04.2004. Against the order of the Hon'ble Division Bench, the petitioner moved before the Hon'ble Supreme Court, by filing a S.L.P. being SLP (Civil ) No. 21507 of 2004, the same was also dismissed vide order dated 29.10.2004.