PETITIONER: RAMAVATAR Vs. RESPONDENT: STATE OF BIHAR & ORS. DATE OF JUDGMENT: 07/04/1997 BENCH: K. RAMASWAMY, D.P. WADHWA ACT: HEADNOTE: JUDGMENT:
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.
