SHIV NANDAN PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by the order handed down in W.P.(S) No. 2242 of 2010, the appellantwrit petitioner has knocked the door of the Court.

(2.) Heard the learned counsel for the parties and perused the documents on record.

(3.) Dr. S. N. Pathak, the learned Senior counsel for the appellant referring to the decision in "State of Maharashtra Vs. Milind and Other" (2001)1 SCC 4 and "Rameshbhai Dabhai Naika Vs. State of Gujarat and Others" (2012) 3 SCC 400 submits that the appellant who was appointed in the year, 1990 is not seeking any further benefit of the reservation and therefore, he may be continued in service. Contending that caste of the mother of a person can also validly become his caste, the learned Senior counsel submits that the appellant's mother belonged to Garedi caste which is the caste certificate issued by the Mukhiya of the village and the appellant did not produce a forged caste certificate which may warrant termination of his service.