Dharmendra Sah Gond vs State of Bihar and Others

Narayan Roy, J.—Heard counsel for the parties.

Initially this writ application was filed for issuance of direction upon the respondents to -appoint the petitioner on the post of constable in Bihar Military Police-10, Patna on the basis of his selection letter, as contained in Annexure-5.

It is submitted by learned counsel for the petitioner that initially the petitioner was selected for appointment on the post of constable in B.M.P.-10 and appointment letter, as contained in Annexure-5, was issued. However, the petitioner was not appointed, which necessitated him to come to this Court in this writ application.

A counter affidavit has been filed on behalf of the State stating therein that the petitioner had applied for his appointment under scheduled tribe category annexing therewith a certificate showing that he belonged to Gond caste and on verification it was found that the petitioner does not belong to scheduled tribe, rather he belonged to extremely backward caste category and on that score he was not appointed as a constable.

According to the case of the petitioner, it appears that the petitioner having obtained a caste certificate from the Block Development Officer applied for the post of a constable.

The Collector of the District/Sub-divisional Officer or the authorities prescribed under law are authorised to grant caste certificate.

Admittedly, in this case the petitioner has not produced the caste certificate duly granted by the authorities in law and keeping in view this aspect-of the matter, in my opinion, I should not enter into other questions as to whether the petitioner belonged to scheduled tribe or extremely backward category.

The claim raised by the petitioner, in that view of the matter, is not, therefore, entertainable.

This writ application, accordingly, is dismissed.