High CourtsDivision Bench(2002) 04 PAT CK 0115

Ram Lal Kehari vs Union of India (UOI) and Others

Patna High Court · Decided on 15 April 2002 · Citation: (2002) 2 PLJR 700

HON’BLE JUDGES
Ravi S. Dhavan, C.J · Shashank Kr. Singh, J
RESULT
Dismissed
CASE NUMBER
C.W.J.C. No. 839 of 1998

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Judgment

4 paragraphs · 200 words
1.

Ram Lal Kehari, the Petitioner was appointed on a post (Assistant Regional Director, Employees State Insurance Corporation) reserved for scheduled caste community on the basis of a certificate produced by him. He claimed that he belonged to Kol tribe. When it was found out that Kol has not been notified so as to be included as a scheduled tribe, the service of the Petitioner was terminated forthwith. Before the Central Administrative Tribunal in O.A. No. 469/96 the Petitioner had raised his claim unsuccessfully. The Tribunal un-suited the Petitioner on the ground that Kol as a tribe has not been notified. The Petitioner could not base his claim for an employment upon which a certificate by law could not be granted to him.

2.

The second submission was that the Petitioner sought a direction that Kol as a tribe be notified and the Tribunal so order it. The Tribunal observed that this was out side the para-meters of its jurisdiction.

3.

On facts there is no issue that in the contex Kol as tribe has not been notified. In the circumstances the Petitioner was rightfully denied the employment. There is no error in the order of the Tribunal.

4.

Dismissed.