This judgment and order of ours will dispose c of Appeal No. 145 of 1995 and Appeal No. 146 of 1998> which have been filed by the two brothers against the common judgment of the learned Single Judge dated 13.5.1998 by which two writ petitions, Civil Rule No.2544 of 1996 and Civil Rule No.4980 of 1996 were disposed of. The facts and point of law in both the cases are almost identical. The facts are being taken from Writ Appeal No. 145 of 1995.

2. The appellant herein Sri Arabinda Kumar Saha was bom out of the wedlock between Basanta Kumar Saha of general category i.e., caste Hindu, (in other words not belonging to Scheduled Castes or Scheduled Tribes or a backward class) and Smti Subhadra Das belonging to the Kaibarta Community a Scheduled Castes in the State of Assam. He was born on 1.8.1947. In other words he was the child of a non-Scheduled Castes father and Scheduled Castes mother. In 1967, the appellant-writ petitioner applied for grant of certificate as belonging to Scheduled Castes. It is the case of the appellant that he had duly disclosed that his father belonged to general category and was not a Scheduled Castes and mother belonged to a Sched