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RAMAVATAR
A
v.
STATE OF BIHAR AND ORS.
APRIL 7, 1997
[K. RAMASWAMY AND D.P. WADHWA, .IJ.)
B
Scheduled Tribe-Status certificate-Ge11ui11eness of-Appel/a/It's
claim for promotion on the basis of Scheduled Tribe status-Rejection
of-None of appellant's forefather granted status certificate-Family histo1y
indicated that his claim was higlily doubtful-Appellant held not eligible for C
status as Scheduled Tribe.
..,
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2951-52
of 1997.
From the Judgment and Order dated 15.4.96 of the Patna High Court D
in L.P.A. No. 130of1996 and 165of1996.
Pramod Swarup for the Appellant.
Pravir Chaudhry, Manoj Saxena and Irshad Ahmad for the
Respondents.
K.N. Rai and B.B. Singh for the Respondent No. 7.
The following Order of the Court was delivered :
Leave granted.
The appellant claims for promotion as Engineer-in-Chief on the basis
E
of a Scheduled Tribe Status. In the judgment in Major Yogendra Narain F
Yadav v. State of Bihar & Ors., the right of the person has been determined.
In this case, the question arises is: whether the appellant really belongs to
Scheduled Tribe? With a view to find the genuineness of the status as
Scheduled Tribes, we had directed the petitioner to file genealogy table of
his family history. It is now admitted in his affidavit that the family of the
appellant hails from Bilaspur, Madhya Pradesh. He claims that his G
forefathers had migrated to Bihar and that the appellant had _done his
education there and had obtained the certificate also from the District
Magistrate, Patna. Admittedly, none of his forefathers had been granted
any such certificate. The family history, as stated in the affidavit indicates
as under:
H
683
684
A
B
c
D
E
Shashi
Bala
F
Daughter
married
to O.P.
Gond,
Patna
City
Patna
G
H
SUPREME COURT REPORTS
(1997) 3 S.C.R.
Late Tulsi Sah
Ram Avatar
(Son)
Married with
Y ashoda Devi
Ara District Old
Shahabad
District.
"GENEOLOGY
Late Chilbili Sah
Late Chintaman Sah
Late Hira Sah
Late J anki Sah
Kaushalya
(Widow)
(Daughter)
I
Married with late
Ganga Pd., Patna
Late Mahabir Sah
Laxmi Narayan
(Son)
Married to Bagaha
District Bettiah, Old
District Motihari
Rashmi Bala
Daughter
Ushmi Bala
Daughter
Abhijit
Son
..... All are married .....
Nishi Bala Rishi
Pa wan Suman Sandhya Pragati Raman
Bala
Kumar Kumar
Gond
Kumar
Daughter
Daughter Good
Son
Daughter Daughter Son
n1arried to
n1arried
son
unn1arr-
married
n1arried
un-
Raghunath
to
Unn1arr-
ied
to
to Ajay
n1arried
Manjhi Lasia Birendra ied
Chapra
Kr.,
P.S.E.
Sah
District
Patna
Kurrudcg in
Jarsuguda
presently
Semdega in
in
Gopalganj
the Ranchi
Sabalpur
District
District now
District
Gum la
Presently
District
Jharsu-
guda
(Orissa)
/
RAMAVTAR.v. STATE
685
A reading of this family history indicates that his claim as Scheduled A.
Tribe is not only highly doubtful but beyond comprehension to believe that
he is eligible for the same. Under the circumstances, we do not find any
substance to interfere with the order of the High Court. However, it would
be open for the appellant to be entitled to compete as a general candidate.
The appeals are accordingly dismissed but without any order as to B
costs.
T.N.A.
Appeals dismissed.
Lex