IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.994 of 2006
RAVINDRA KUMAR SON OF SRI RAM LAKHAN
PRASAD RESIDENT OF VILLAGE BALIBHADRAPATI,
P.S. UCHKAGAON, GOPALGANJ.
Versus
1. THE STATE OF BIHAR THROUGH THE SECRETARY,
AGRICULTURE DEPARTMENT, GOVT. OF BIHAR,
PATNA.
2. JOINT SECRETARY, AGRICULTURE DEPARTMENT,
GOVT. OF BIHAR, PATNA.
3. DIRECTOR, AGRICULTURE DEPARTMENT, GOVT. OF
BIHAR, PATNA.
4. BIHAR PUBLIC SERVICE COMMISSION THROUGH ITS
SECRETARY, PATNA.
5. OFICER ON SPECIAL DUTY, BIHAR PUBLIC SERVICE
COMMISSION, BAILEY ROAD, PATNA.
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For the Petitioner :- Mr. Vikas Mohan
For the State :- Mr. Pankaj Kumar Sinha, A.C. to S.C. III
For the B.P.S.C. :- Mr. Kumar Brajendra Nath.
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3 01/10/2010 The Court has heard learned counsel for the
parties in detail on the question of rejection of claim of
the petitioner by the Bihar Public Service Commission
(hereinafter called the Commission) to treat him as a
Scheduled Tribe candidate and against the withdrawal of
the recommendation made earlier for appointment on the
post of Inspector, Weights and Measures. Annexure-17
is a detailed order which has been passed by the
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Commission in the deliberation held of all its members
and the clear fact which has emerged therein is that from
the year 1990 onwards Gonds are treated as Backward
caste and not Scheduled Tribes in the district of
Gopalganj. This is based on various circulars issued by
the State of Bihar and the department related thereto.
There is weight in the reasoning given by the
Commission dependent upon the state of affairs as
existed when the question of appointment of the
petitioner arose. This Court is not convinced that the
decision rendered by the Commission is erroneous and
requires interference.
Learned counsel thereafter submits that if the
petitioner is given a chance, he can establish his claim
and get himself declared as Scheduled Tribe from a
forum which will be best suited to him. In this regard,
this Court has no objection if the petitioner wants to
embark upon but no order or direction can be issued in
favour of the petitioner to quash the order of the
Commission or to direct them for appointment of the
petitioner as a Scheduled Tribe candidate in view of the
facts and circumstances rendered in the impugned order.
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This writ application has no merit. It is
dismissed with the observation as aforesaid.
AMIN/ (Ajay Kumar Tripathi, J.)