RAMAVATARversusSTATE OF BIHAR AND ORS.

                                  RAMAVATAR                                          A
                                          v.
                          STATE OF BIHAR AND ORS.

                                   APRIL 7, 1997

                 [K. RAMASWAMY AND D.P. WADHWA, .IJ.)                                B

           Scheduled Tribe-Status certificate-Ge11ui11eness of-Appel/a/It's
l    claim for promotion on the basis of Scheduled Tribe status-Rejection
     of-None of appellant's forefather granted status certificate-Family histo1y
     indicated that his claim was higlily doubtful-Appellant held not eligible for   C
     status as Scheduled Tribe.                                                          ..,

           CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2951-52
     of 1997.
           From the Judgment and Order dated 15.4.96 of the Patna High Court         D
     in L.P.A. No. 130of1996 and 165of1996.
           Pramod Swarup for the Appellant.
          Pravir Chaudhry, Manoj Saxena and Irshad Ahmad for the
     Respondents.
'                                                                                    E
)          K.N. Rai and B.B. Singh for the Respondent No. 7.
           The following Order of the Court was delivered :
            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
l.
     any such certificate. The family history, as stated in the affidavit indicates
     as under:                                                                      H
                                           683
    684                     SUPREME COURT REPORTS                      (1997) 3 S.C.R.

A                                  "GENEOLOGY
                                  Late Chilbili Sah
                                 Late Chintaman Sah
                                    Late Hira Sah


B
              Late Tulsi Sah        Late J anki Sah         Late Mahabir Sah


              Ram Avatar               Kaushalya            Laxmi Narayan
                (Son)                  (Widow)                  (Son)
c                                     (Daughter)

                                              I
                                                             Married to Bagaha
                Married with                                                             /
                                    Married with late        District Bettiah, Old
               Yashoda Devi
                                    Ganga Pd., Patna          District Motihari
D             Ara District Old
                 Shahabad
                  District.

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

    Shashi Nishi Bala Rishi          Pa wan Suman Sandhya Pragati Raman
    Bala              Bala           Kumar Kumar          Gond Kumar
F   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
G             the Ranchi   Sabalpur                      District
              District now District
              Gum la       Presently
              District     Jharsu-
                           guda
                           (Orissa)

H
                          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.