Ramavatar v. State of Bihar and Ors.

Leave granted.

The appellant claims for promotion as Engineer-in-Chief on the basis of a Scheduled Tribe Status. In the judgment in Major Yogendra Narain Yadav v. 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 genealogy 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 education there and had obtained the certificate also from the District Magistrate, Patna. Admittedly, none of his forefathers had been granted l. any such certificate. The family history, as stated in the affidavit indicates

as under:

"GENEOLOGY

Late Chilbili Sah Late Chintaman Sah Late Hira Sah Late Tulsi Sah Late J anki Sah Late Mahabir Sah Ram Avatar Kaushalya Laxmi Narayan

(Son) (Widow) (Son) (Daughter) I Married with Married to Bagaha Married with late District Bettiah, Old Y ashoda Devi Ganga Pd., Patna District Motihari Ara District Old

Shahabad District.

Rashmi Bala Ushmi Bala Abhijit Daughter Daughter Son ..... All are married .....

Shashi Nishi Bala Rishi Pa wan Suman Sandhya Pragati Raman Bala Bala Kumar Kumar Gond Kumar Daughter Daughter Daughter Good Son Daughter Daughter Son married n1arried to n1arried son unn1arr-married n1arried un-to O.P. Raghunath to Unn1arr-ied to to Ajay n1arried Gond, Manjhi Lasia Birendra ied Chapra Kr., Patna P.S.E. Sah District Patna City Kurrudcg in Jarsuguda presently Patna Semdega in in Gopalganj

the Ranchi Sabalpur District District now District Gum la Presently District Jharsu-guda (Orissa)

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 is 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.

CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2951-52 of 1997.

From the Judgment and Order dated 15.4.96 of the Patna High Court in L.P.A. No. 130of1996 and 165of1996.

Pramod Swarup for the Appellant.

Pravir Chaudhry, Manoj Saxena and Irshad Ahmad for the Respondents.

K.N. Rai and B.B. Singh for the Respondent No. 7.