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Supreme Court of India

RAMAVATAR versus STATE OF BIHAR AND ORS.

Decided
7 April 1997
Judges listed
K. RAMASWAMY, D.P. WADHWA (as the open data lists them; this may not name the whole bench)
Disposal
Dismissed

Citations

Official
[1997] 3 S.C.R. 683 · 1997 INSC 381

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The Court's text

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Unnumbered paragraph

Leave granted.

p. 683, margin E

Unnumbered paragraph

The appellant claims for promotion as Engineer-in-Chief on the basis of a Scheduled Tribe Status. In the judgment in Major Yogendra Narain 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 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: A "GENEOLOGY Late Chilbili Sah Late Chintaman Sah

pp. 683–684, margin E

Unnumbered paragraph

Late Hira Sah Late Tulsi Sah Late J anki Sah Late Mahabir Sah Ram Avatar Kaushalya Laxmi Narayan (Son) (Widow) (Son)

p. 684

Unnumbered paragraph

(Daughter)

p. 684

Unnumbered paragraph

Married to Bagaha Married with

p. 684

Unnumbered paragraph

Married with late District Bettiah, Old Y ashoda Devi

p. 684

Unnumbered paragraph

Ganga Pd., Patna District Motihari D Ara District Old Shahabad District.

p. 684

Unnumbered paragraph

Rashmi Bala Ushmi Bala Abhijit Daughter Daughter Son

p. 684

Unnumbered paragraph

..... All are married ..... Shashi Nishi Bala Rishi Pa wan Suman Sandhya Pragati Raman Bala Bala Kumar Kumar Gond Kumar

p. 684

Unnumbered paragraph

Kr., District now

p. 684

Unnumbered paragraph

A reading of this family history indicates that his claim as Scheduled 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.

p. 685

Unnumbered paragraph

The appeals are accordingly dismissed but without any order as to costs. T.N.A. Appeals dismissed.

p. 685, margin B