Raushan Kumar Nanda vs State Of Jharkhand And Others

Anubha Rawat Choudhary, J

Heard Ms. Apoorva Singh, learned counsel appearing on behalf of the petitioner.

Heard Mr. Binit Chandra, learned counsel appearing on behalf of the respondents.

During the course of argument, it transpired that the father of the petitioner originally belonged to Rohtas which falls in the present State of Bihar and a caste certificate has been issued to the petitioner from the State of Jharkhand. The matter was considered by the Caste Scrutiny Committee who has cancelled the caste certificate of the petitioner by referring to certain circulars of the central government with regard to issuance of caste certificate and at the same time has made certain observation with regard to entitlement of the petitioner of reservation within the State of Jharkhand. Further, on the basis of order passed by the Caste Scrutiny Committee, the appointment of the petitioner, which was made on the basis of the caste certificate, has been terminated, which is also under challenge in the present proceedings. The learned counsel for the petitioner has submitted that the caste scrutiny committee has no jurisdiction to enter into the fact as to whether the petitioner would otherwise be entitled for reservation from the State of Jharkhand or not. She has also submitted that the person acquires the status of caste by birth. The petitioner is also seeking a declaration that caste certificate for caste ‘Dhobi’ issued to the petitioner vide certificate dated 12.07.2012 be declared valid. The learned counsel for the petitioner has relied upon the judgment passed by the Hon’ble Supreme Court reported in (2021) SCC Online SC 616 and also judgment reported in 2022 SCC Online 510.

Learned counsel appearing on behalf of the respondents has submitted that there is no legal bar for the petitioner to seek a caste declaration certificate from Rohtas district where the family of the petitioner originally belongs.

Learned counsel for the parties may also examine the judgment passed by this Court in W.P. (C) No. 2760 of 2010 decided on 25.07.2018 against which L.P.A. No. 235 of 2020 along with L.P.A. 272 of 2020 has been dismissed vide judgment dated 15th March, 2021.

Post this case on 22.11.2022 under the same heading.