SAKET SAURABH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been filed for quashing of the letter, contained in Memo no.167/Go. dated 13.02.2018 (Annexure-3 to the writ petition), whereby the Sub-Divisional Officer, Giridih (respondent no.5) has rejected the application of the petitioner for grant of OBC certificate primarily on the ground that there is difference in the caste mentioned in the caste certificate and the Khatian.

(2.) The factual background of the case, as stated in the writ petition, is that the petitioner belongs to Bania (Modi) caste, which comes under OBC Category. The father of the petitioner is working as Under Secretary in the School Education and Literacy Department, Government of Jharkhand, and in the caste certificate issued in the year 1984, his caste has been mentioned as 'Modi'. The e-service book of the petitioner's father clearly suggests that he belongs to OBC Category. Earlier, the petitioner was already granted OBC Certificate by the Deputy Commissioner and the Sub Divisional Officer, Ranchi showing his caste as Bania (Modi). However, this time, when the petitioner applied for renewal of his caste certificate, the Circle Officer, Ranchi asked him to move before the Circle Officer, Dhanwar as his native place pertains to the district Girdih. As such, he applied for issuance of caste certificate before the Circle Officer, Dhanwar, who after due verification issued the caste certificate showing his caste as Bania-Modi. Thereafter, the father of the petitioner made an application before the respondent no.5 for grant of OBC certificate in favour of the petitioner, however, the same has been rejected on the ground that the copy of Khatian produced by the petitioner in support of his caste reflects the caste of his forefathers as 'Bania'. Thereafter, the petitioner made an application for issuance of OBC Certificate for the caste 'Modi' but no OBC certificate was issued in favour of the petitioner purportedly in view of Letter No. 6763 dated 05.08.2016 issued by the Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand.

(3.) The learned counsel for the petitioner submits that the respondent authorities cannot deny the issuance of caste certificate in favour of the petitioner merely on the ground that caste-Modi has not been mentioned in the Khatian. The respondent authorities are bound to consider the certificate of the petitioner's father who is working as Under Secretary in the State of Jharkhand. It is also submitted that the petitioner's father also made several representations to the various authorities but till date the OBC Certificate has not been issued. The petitioner has appeared in CAT examination and he has been declared successful and if the OBC certificate is not issued to the petitioner, he would not be able to join the MBA course.