ORDER

1. Heard the counsel appearing for the appellant State of Bihar as well as for the respondent.

2. It is stated that the respondent Sumit Anand filed an application before d the District Magistrate for issuance of caste certificate certifying that he belonged to "Gond" community, a Scheduled Tribe (ST). As the respondent was to take admission in the college, and the certificate was not being issued, he filed a writ petition in the High Court seeking a mandamus directing the appellants to decide his application for grant of caste certificate. The High Court as interim relief permitted the respondent to get admission in the e college against a reserved seat. Ultimately, the writ petition was disposed of with a direction to the appellants to take a final decision on the application moved by him for grant of caste certificate.

3. Having completed his education, Sumit Anand again applied for the certificate in question, which was denied by the District Magistrate as he was of the opinion that the respondent did not belong to ST. The respondent f thereafter filed another writ petition being CWJC No. 439 of 2001, which was accepted by the Single Judge holding that the respondent was