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Ramavatar Vs. State of Bihar & Ors [1997] INSC 402 (7 April 1997)

K. RAMASWAMY, D.P. WADHWA

ACT:

HEADNOTE:

O R D E R Leave granted.

The appellant claims for promotion as Engineer-in-Chief on the basis of a the basis of a Scheduled Tribe Status. In the judgment in Major Yogendra Narain Yadav vs. 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 geneology 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 forefathers had migrated to Bihar and that the appellant had done his eduction 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:

"G E N E O L O G Y Late Chilbili Sah :

Late Chintaman Sah :

Late Hira Sah :

---------------------------------------------- : : :

Late Tulsi Sah Late Janki Sah Late Mahabir Sah ------------------------------------ : : :

Ram Avatar Kaushalya Laxmi Narayan (Son) (Widow) (Son) : : :

--------------- ---------------- ------------------ Married with Married with late Married to Bagaha Yashoda Devi Ganga Pd., Patna District Bettiah, Ara District Old District Old Shahabad Motihari District.

: :

: ------------------------------------- : : : :

: Rashmi Bala Ushmi Bala Abhijit : Daughter Daughter Son :

: .... All are married ...

:

-------------------------------------------------------------------------- - Shashi Nishi Rishi Pawan Suman Sandhya Pragati Raman Bala Bala Bala Kumar Kumar Gond Kumar Daughter Daughter Daughter Gond Son Daughter Daughter Son married married married son unmarried married married un- to O.P. to to Un- to to Ajay marrie d Gond, Raghunath Birendra married Chapra Kr., Patna Manjhi Sah Jhar- District Patna City Lasia suguda in presently Patna P.S.E. Sabalpur Gopalganj Kurrudeg District District in presently Semdega Jharsuguda in the (Orissa) Ranchi District now Gumla District A reading of this family history indicates that his claim as Scheduled Tribe is not only highly doubtful but beyond comprehension to believe that he 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 costs.

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