RANDHIR KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner on having qualified in the Joint Entrance Examination (Main), 2016 for admission in Engineering courses was provisionally allotted seat through letter dated 29th June, 2016 issued by the Joint Seat Allocation Authority (JoSAA), 2016 - respondent no.2 i.e. Annexure-2. He produced a scheduled caste certificate issued on 12th September 2014 by the Block Development Officer, Hariharganj showing himself to be belonging to the caste 'Dusadh' and a resident of village Belaudag, Hariharganj, Palamau, Jharkhand. He, however, also produced a caste certificate issued by the Sub-Divisional Officer, Chattarpur, Palamau dated 8th July 2016 after completion of the first round of seat allotment on 5th July, 2016. Petitioner came to know that on account of the production of the caste certificate issued by the Block Development Officer, Hariharganj he had failed to fulfil the eligibility criteria prescribed by JoSAA, 2016, as contained in the brochure and also in terms of the eligibility certificates required to be produced under Annexure-2 provisional seat allotment letter. Therefore, he has approached this Court.

(3.) Petitioner has relied upon the documents enclosed to the counter affidavit of respondent BIT, Mesra as well as the respondent no.2 JoSAA-2016 which are the form of certificate to be produced by Scheduled Caste and Scheduled Tribe candidate and the brochure on reservation for SC, ST and Other Backward Classes in service (Annexure-R2/A) issued by the Department of Personnel and Training, Government of India 2014. According to him, the Block Development Officer comes within the categories of officer authorised to issue such a caste certificate as per Chapter-8 of the brochure Clause-8.2(i) which prescribes not only the District Magistrate/Additional District Magistrate/Collector/Deputy Collector and other categories, but also an Executive Magistrate. The Block Development Officer of a Block in the State of Jharkhand is in the rank of Deputy Collector/Executive Magistrate. Therefore, the certificate issued by him should have been treated as sufficient to fulfil the prescribed eligibility criteria.