NILAM KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SEEKING a direction upon the respondents to issue Caste and Residential Certificate for the purpose of employment in service of the State, the present writ petition has been filed.

(2.) THE petitioner claiming herself to be a graduate from R.V.S. College, Chas, Bokaro submitted an application for issuance of Caste and Residential Certificate in her name. The petitioner passed Matriculation Examination from Girls High School, Jainamore, Bokaro and she passed Intermediate Examination in Science held in February, 1997. She has been awarded Diploma in Primary Education from Indira Gandhi National Open University and she qualified in the Teacher's Eligibility Test, 2012 for Assistant Teacher in Class I to Class V for which, a certificate dated 28.05.2013 has also been issued by the Jharkhand Academic Council, Ranchi. The petitioner claimed that she is a permanent local resident of Village Bandhdih, Jainamore in District Bokaro and an Identity Card has been issued by the Election Commission of India. A certificate dated 07.02.2007 has also been issued by the Circle Officer, Jaridih. The father of the petitioner owns immovable properties in Mouza Bandhdih, Jaridih, District Bokaro for which, rent receipt has been issued in his favour. The Caste Certificate dated 09.07.1996 was issued by the Block Development Officer, Jaridih, Bokaro certifying that the petitioner belongs to a Backward Caste namely, Barnwal, which is included in the list of Backward Castes. The petitioner was married to one Rajesh Kumar Bihari and a Marriage Certificate has been issued by the Marriage Officer, Bermo on 26.06.2004. The petitioner's matrimonial home was also in the Village Bandhdih, Jaridih in District Bokaro and the petitioner's husband also belongs to a Backward Caste. The petitioner has also produced photocopy of the Malguzari receipt dated 14.10.2013 in respect of land comprised in Khata No. 17 of Mouza Bandhdih in favour of her in laws. Nonetheless, the authorities have not taken a final decision on the application of the petitioner for issuing Caste and Residential Certificate. The petitioner earlier approached this Court in W.P.(C) No. 7332 of 2013 and the writ petition was disposed of vide order dated 02.09.2014 directing the respondent no.5 to conduct an enquiry and issue necessary certificates to the petitioner.

(3.) A counter affidavit has been filed on behalf of respondent nos. 4 to 7 whereby, a copy of the proceeding in Caste Case No. 01 of 2013 14 has been brought on record.