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 entitled to grant of certificate in view of the fact that his father, grandfather, mother and maternal uncle all belonged to the "Gond" community and had been issued certificates to that effect.

4. Aggrieved against the order of the Single Judge, the State of Bihar g filed the letters patent appeal being I.PA No. 695 of 2002, which came up for hearing before the Division Bench of the High Court. The Division Bench, after taking into account the earlier certificates granted in favour of the respondents father, grandfather, mother as well as the maternal uncle upheld the order of the Single Judge and observed that the respondent was entitled to the grant of the caste certificate and dismissed the appeal by the impugned order.

5. Aggrieved against the order of dismissal of the LPA by the Division Bench upholding the order of the Single Judge, the State of Bihar is in appeal before us by grant of special leave.

6. We have perused the findings recorded by the Division Bench as well as the Single Judge of the High Court. In view of the fact that the respondents father, grandfather, mother and maternal uncle had all been granted the certificate certifying that they belong to the "Gond" community we see no reason to come to a conclusion other than the one arrived at by the High Court to the effect that the respondent was entitled to issuance of the caste certificate.

7. The appeal is dismissed accordingly. No costs.