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 F
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 G
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
any such certificate. The family history, as stated in the affidavit indicates
as under: H
683
684
Shashi
Bala
F Daughter
married
to O.P.
Gond,
Patna
City
Patna
SUPREME COURT REPORTS (1997) 3 S.C.R.
Late Tulsi Sah
Ram Avatar
(Son)
Married with
Y ashoda Devi
Ara District Old
Shahabad
District.
"GENEOLOGY
Late Chilbili Sah
Late Chintaman Sah
Late Hira Sah
Late J anki Sah
Kaushalya
(Widow)
(Daughter)
I
Married with late
Ganga Pd., Patna
Late Mahabir Sah
Laxmi Narayan
(Son)
Married to Bagaha
District Bettiah, Old
District Motihari
Rashmi Bala
Daughter
Ushmi Bala
Daughter
Abhijit
Son
..... All are married .....
Nishi Bala Rishi Pa wan Suman Sandhya Pragati Raman
Bala Kumar Kumar Gond Kumar
Daughter Daughter Good Son Daughter Daughter Son
n1arried to n1arried son unn1arr- married n1arried un-
Raghunath to Unn1arr- ied to to Ajay n1arried
Manjhi Lasia Birendra ied Chapra Kr.,
P.S.E. Sah District Patna
Kurrudcg in Jarsuguda presently
Semdega in in Gopalganj
the Ranchi Sabalpur District
District now District
Gum la Presently
District Jharsu-
guda
(Orissa)
/
RAMAVTAR.v. STATE 685
A reading of this family history indicates that his claim as Scheduled A.
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 B
costs.
T.N.A. Appeals dismissed.