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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