HEMAN MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) By this writ petition, the petitioner has sought for quashing the letter No. 1071 dated 24.08.2007 (Annexure-4), issued by the Block Development Officer, Mandu and Memo No. XIII-1/07-1533 dated 06.09.2007 (Annexure-4/1) issued by the District Welfare Officer, Hazaribagh, by which the caste certificate of the petitioner earlier issued on 03.06.1999 by the Block Development Officer, Mandu, Hazaribagh has been cancelled.

(3.) Counsel for the petitioner submits that the mother of the petitioner namely Shanti Oraon belongs to Scheduled Tribe category, who married with his father namely Late Badhan Mandal, who was a general category person. Counsel for the petitioner submits that after enquiry the respondent No. 4 Block Development Officer, Mandu issued a certificate in favour of the petitioner on 3 rd of June, 1999 declaring him to be a member of Scheduled Tribe. It is further submitted that under the policy of the Government of Bihar contained in letter No. 11/Aa-1040/77-Ka-106 dated 3 rd March 1979 (Annexure-1) issued by the Personnel & Administrative Reforms Department, Government of Bihar, an off-spring borne out of the marriage of a general category male and a Scheduled Caste/Scheduled Tribe female, is entitled to begranted of Scheduled Caste/Scheduled Tribe certificate after an enquiry, if it is found that the members of the Scheduled Caste/Scheduled Tribe have accepted the marriage and their off-spring borne out of that. It is submitted that the respondents conducted an enquiry and thereafter, issued the caste certificate, which is at Annexure-2 to the writ application. Counsel for the petitioner also submits that on the basis of the caste certificate, he was subsequently appointed in the South Eastern Coalfields Limited and his caste certificate was verified by the Chief Vigilance Officer, whereafter the Deputy Commissioner, Hazaribagh vide letter dated 24.07.2000 (Annexure-2/2) gave a report that the caste certificate is correct.