JUDGMENT

Bhan, J.—This judgment shall dispose of Civil Appeal No. 5483 of 2000 and Writ Petition Nos. 173 of 2002 and 488 of 2000 filed under Article 32 of the Constitution of India.Point involved in all these cases being the same, they are disposed of by a common judgment.

2. The facts are taken from Civil Appeal No. 5483 of 2000.

3. This appeal has been filed by a member of “Lohar” community from the State of Bihar. “Lohars” are being treated as Other Backward Classes whereas he claims to be a member of Scheduled Tribes under the Scheduled Castes and Scheduled Tribes Order. The point in issues is concluded against the appellant by a judgment of this Court in Nityanand Sharma and Another Vs. State of Bihar and Others, 1996 (3) SCC 576. The appellant seeks to get the judgment in the case of Nityanand (supra) referred to a larger Bench by contending that the said judgment is wrong and needs reconsideration.

4. Prabhat Kumar Sharma, the appellant herein, was a candidate for the Civil Services Examinations held during the years 1991, 1992, 1993 & 1994. He claimed to belong to “Lohar” community, which according to him was a Scheduled Tribe in the State of Bihar. While considering the