BHOLA PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties. The petitioner is aggrieved by the order contained in Memo dated 12th April 2007 issued by the Sub Divisional Officer, Bokaro whereby his application for grant of caste certificate has been rejected on the ground that he was not able to submit the required documents such as caste certificate and copy of the Khatiyan.

(2.) THE petitioner has also prayed for consequential order upon quashing of the impugned order to direct the respondents to issue caste certificate to the petitioner of caste to which he belongs i.e. 'Dusadh' which is scheduled caste notified by the Presidential Notification in the State of Jharkhand as well.

(3.) THE petitioner had earlier approached this court when his request for grant of caste certificate was not been considered by the respondent authorities at Bokaro after bifurcation of the parent State of Bihar and the creation of the successor State of Jharkhand. The said writ petition being WPC No. 1126/07 was disposed of directing the Sub Divisional Officer, Chas to consider the petitioner's representation and pass an appropriate order in accordance with law, within a stipulated period and if it is found that he belongs to the caste 'Dusadh' as claimed by him, and there are no impediment in issuing the caste certificate, the concerned respondent shall issue the required certificate in his favour, within a further stipulated time. Thereafter, vide annexure -15 petitioner was asked to produce documents such as new caste certificate issued by the Circle Officer / Block Development Officer and a copy of the Khatiyan by communication dated 28th March 2007 issued by the Sub Divisional Officer, Chas (Respondent No. 4). The petitioner thereafter filed his detailed reply to the same vide annexure -16 on 30th April 2007 stating all these facts and also bringing to his notice that earlier, caste certificate was issued by the Block Development Officer, Chas on 4th July 1992 itself for same caste. However, it is stated on behalf of the petitioner that in the meantime, he faced the selection process conducted by the JPSC for appointment of Lecturer in different universities of the State of Jharkhand and he was selected and appointed at Sahibganj College, Sahibganj in the subject of Zoology, a copy of the notification no. 91/08 is annexed as annexure -19 issued by the Sidhu Kanhu Murmu University, Dumka. According to the petitioner, authorities of the respondent university being respondent nos. 5 to 7 are also asking for the caste certificate which has now been illegally denied by the impugned order contained at annexure -20 dated 12th April 2007 on the same ground that he has not been able to produce two documents i.e. caste certificate and copy of the Khatiyan. The petitioner has relied upon the judgment of the Division Bench of this Court rendered in the case of Madhu vs. State of Jharkhand & others in W.P.(S) No. 3846/2010. According to the petitioner, the very circular dated 22nd August 1985 issued by the Home Ministry, Government of India which has been been relied upon by the respondents in their counter affidavit, were taken into account by the Division Bench of this court. It is further submitted that by the said judgment, the learned Division Bench of this court directed the respondents to issue caste certificate to the petitioner concerned who also was born at Bokaro prior to the creation of the State of Jharkhand and belonging to the scheduled caste which is notified in the State of Jharkhand. It is further submitted that this court while delivering judgment, had also taken into account the provisions of Bihar Reorganization Act, 2000 as also the judgment rendered in the case of Sudhakar Vithal Kumbhare vs. State of Maharashtra [(2004) 9 SCC 481] to hold that it was not a case of migration but an eventuality created because of the administrative reasons leading to the bifurcation of the original State of Bihar and its reorganization leading to creation of the new State of Jharkhand, which should not disentitle the concerned person of the caste status which also exist in the successor State as per the Presidential Notification.