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High CourtsSingle Bench(2022) 11 JH CK 0053

Raushan Kumar Nanda vs State Of Jharkhand And Others

Jharkhand High Court · Decided on 22 November 2022

HON’BLE JUDGES
Anubha Rawat Choudhary, J
CASE NUMBER
Writ Petition (S) No. 4454 Of 2019

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Judgment

9 paragraphs · 348 words

Anubha Rawat Choudhary, J

1.

Heard Mr. Rahul Kumar, learned counsel appearing on behalf of the petitioner along with Ms. Apoorva Singh, Advocate.

2.

Heard Mr. Ashish Kumar Thakur, learned counsel appearing on behalf of the respondents.

3.

During the course of argument, the petitioner has placed the caste certificate issued in the name of his father as well as caste certificate issued in his name; both of them have been issued from Mandar, after the creation of the State of Jharkhand. It is not in dispute that the father of the petitioner and the petitioner originally belong to the District of Rohtas which now falls in the present state of Bihar. It is further not in dispute that the father of the petitioner has been permanently absorbed in the service in the year 2006. No caste certificate issued in favour of father of the petitioner by erstwhile state of Bihar has been annexed with the writ records, but from perusal of impugned order, a reference has been made of one caste certificate issued on 12.08.1989.

4.

Learned counsel for the respondents has submitted that the mention of the date of issuance of caste certificate on 12.08.1989 could be an error of record or a typographical error. However, neither any such statement has been made in the counter affidavit nor such statement has been made in the writ petition.

5.

Considering the fact that the matter relates to the employment of a candidate who claims to belong to scheduled caste, this court finds it proper to call for the records from the office of the Caste Scrutiny Committee, Jharkhand (Respondent No. 11).

6.

The learned counsel for the respondents is directed to produce the entire records relating to the petitioner from the Caste Scrutiny Committee, Jharkhand, which has resulted in passing of the impugned order. The records should be produced in original on 28.11.2022.

7.

Post this case for further hearing on 28.11.2022 at 2.15 P.M. under the heading for Final Disposal to be taken as a first case.

8.

Let this matter be treated as part heard.