High Court Patna High Court - Orders

Ashok Kumar vs The State Of Bihar & Ors on 18 October, 2011

Patna High Court – Orders
Ashok Kumar vs The State Of Bihar & Ors on 18 October, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.3276 of 2011
                  Ashok Kumar, son of late Bhonu Sao, resident of village-
                  Pakriya, P.S. Hisua, District- Nawada......... Petitioner
                                                  Versus
                  1.The State Of Bihar
                  2. The District Magistrate, Nawada
                  3. Sub-divisional District Magistrate, Nawada
                  4. District Superintendent of Education, Nawada.
                  5. Block Development Officer(Hisua) District-Nawada
                  6. Block Education Extension Officer, Hisua, Nawada
                  7. Mukhiya Panchayat Raj, Ichua, Nawada.
                  8. Ravindra Kumar, son of Saryoo Prasad, P.O.Sachol,
                  P.S.Hisua, District- Nawada................ Respondents.
                                     ----------------------------------

2. 18.10.2011 Heard learned counsel for the petitioner and

learned counsel for the State.

The petitioner is aggrieved by the Caste

Certificate of Extremely Backward Class granted to

respondent No.8 by the respondent authorities on the basis

of which he has obtained the appointment as Panchayat

Teacher under the E.B.C. category whereas according to

the petitioner he, being of Kurmi caste, belongs to the

O.B.C. category. After obtaining the Khatiyan, etc. of the

land belonging to the predecessors of the petitioner, the

petitioner applied before the District Magistrate, Nawada

to enquire into the Caste Certificate granted to respondent

No.8 on 30.1.2011, but no action has been taken.

Aggrieved by such inaction, the petitioner has approached
2

this Court.

In view of the aforesaid stand of the petitioner,

the writ application is disposed of with a direction to the

petitioner to file a fresh application along with a copy of

this order before the District Magistrate, Nawada, who

shall consider and dispose of the same within a period of

three months from the date of its filing after giving due

opportunity to the respondent No.8 to be heard in the

matter by passing a reasoned order.

VPS                               ( Ramesh Kumar Datta, J.)