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2022 Supreme(SC) 380

UDAY UMESH LALIT, PAMIDIGHANTAM SRI NARASIMHA, S. RAVINDRA BHAT
Akhilesh Prasad – Appellant
Versus
Jharkhand Public Service Commission – Respondent


Advocates appeared:
For the Parties :Manoj Tandon, Mayank Sapre, Kumar Shivam, Rohit Anil Rathi, Himanshu Shekhar, Parth Shekhar, Arunabh Chowdhury, Pragya Baghel, Kumar Anuragh Singh, Abhishek Roy, Tulika Mukherjee, Akshat Singh, Zain Khan, Sanjeev Kumar Singh, Rameshwar Prasad Goyal, Advocates

JUDGMENT

Uday Umesh Lalit, J.

Leave granted.

2. This appeal challenges the judgment and final order dated 12.05.2021 passed by the Division Bench of High Court1 [High Court of Jharkhand at Ranchi.] in LPA No. 609 of 2017.

3. In the Graduate Level (Special) Competitive Examination held in the year 1994 for filling up the posts of Cooperative Development Officers, the then Bihar Public Service Commission vide letter dated 24.07.1995 recommended the name of the appellant, who was at serial No. 98 in the merit list, under Scheduled Tribe ('ST, for short) category. The claim that the appellant belonged to ST category (Gond) was supported by a Certificate issued to that effect on 03.06.1995 by the Scrutiny Officer, Sonpur (Saran) which place now falls in the newly carved State of Bihar after reorganization of States. Later, appointment letter dated 10.11.1995 was issued to the selected candidates including the appellant. The appropriate entry in the service book shows the name and category of the appellant as belonging to ST (Gond).

4. The then State of Bihar was bifurcated as a result of Bihar Reorganization Act, 2000 [Act 30 of 2000] ('the Act', for short), which came into force on 15.11.20


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