RAJU SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenging the show-cause notice dated 22.04.2013 the petitioner has approached this Court. He is seeking a direction upon the respondents for his appointment to the post of Constable (GD) under OBC category.

(2.) Heard.

(3.) Mr. Anil Kumar Sinha, the learned Senior counsel for the petitioner contends that on account of a mistake committed in preparation of Central List of OBCs for the State of Jharkhand, whereunder the caste "Hazzam" which is also called "Nai" has been left out at Sl. no.82 in the said list, the petitioner cannot be denied appointment under OBC category. Referring to the decision in "Bhaiya Ram Munda v. Anirudh Patar & Ors." AIR 1971 SC 2533, the learned Senior counsel contends that it is not the name of a community which is decisive rather, it has to be found out whether a person belongs to the community to which he claims or not.