Adoption at a late age does not automatically entitle a person to the benefits of reservation, as the individual must have undergone the same disadvantages and disabilities as the members of the adopted community.

JUDGMENT :

Shree Chandrashekhar, J.

The appellant who was the writ petitioner has questioned legality of the writ Court's decision which upheld the opinion rendered by the Caste Scrutiny Committee (in short, CSC) that the caste certificate issued to the appellant cannot be accepted as valid. The writ Court held that the adoptee who did not suffer the hardships of the adoptive family by staying together and suffering the social sanctions, ridicules and ignominies attached with the community cannot claim the benefit of reservation merely by virtue of his adoption.

2. On an allegation that he secured appointment on the post of Deputy Superintendent of Police by submitting false caste certificate, the appellant was served a show-cause notice by the State of Jharkhand about 20 years after he entered in the government service under the erstwhile State of Bihar. Following the directions issued by the Hon'ble Supreme Court in “Kumari Madhuri Patil and Anr. v. Addl. Commissioner, Tribal Development & Ors.”, (1994) 6 SCC 241, the matter was referred to CSC to verify caste status of the appellant and the decision of CSC that the caste certificate issued to the appellant cannot be accepted came to be challenged in W.P.(C) No. 3288 of 2017. The writ Court by an elaborate order discussed various aspects of the case and finally came to a conclusion that no interference was warranted with the decision of CSC.

3. The appellant is in appeal against the order dated 11th October 2017 passed in W.P.(C) No. 3288 of 2017 raising inter alia the following grounds; (i) CSC proceeded in the matter in a mechanical manner and did not advert to various documents which were prepared decades ago by different authorities of the Government (ii) enquiry report by the State Scrutiny Committee, Patna was prepared behind his back and no opportunity was afforded to him to put forth his defence and (iii) CSC committed serious error in law in drawing adverse inference against him on the ground that the Executive Magistrate did not produce the original register.

4. Mr. Ajit Kumar, the learned Senior counsel for the appellant, contended that the writ Court did not address itself to the relevant issues arising in the case and dismissed W.P(C) No. 3288 of 2017 without recording a finding whether CSC rightly ignored numerous documents prepared decades ago even though genuineness of the same was not under challenge.

5. The learned Senior counsel relied on the following judgments to fortify the contentions raised on behalf of the appellant :

(i) “Kumari Madhuri Patil”, (supra)

(ii) “Valsamma Paul (Mrs.) v. Cochin University & Ors.”, (1996) 3 SCC 545

(iii) “Basavarajappa v. Gurubasamma”, (2005) 12 SCC 290

(iv) “Dayaram v. Sudhir Batham”, (2012) 1 SCC 333

(v) “Rameshbhai Dabhai Naika v. State of Gujarat”, (2012) 3 SCC 400

(vi) “Ayaaubkhan Noorkhan Pathan v. State of Maharashtra”, (2013) 4 SCC 465

6. Briefly stated, the appellant was born on 21st February 1964 in a family belonging to Baniya community which was under OBC category in the erstwhile State of Bihar. Jadunandan Prasad, natural father of the appellant, was a close friend and neighbour of Rameshwar Paswan who belonged to scheduled caste community and was issueless. Jadunandan Prasad who had four sons agreed to give the appellant in adoption to Rameshwar Paswan and the entire process of adoption was completed on 10th March 1978 in the presence of Mukhiya, villagers and members of both the families. The appellant was taken into the family of Rameshwar Paswan and the name of father of the appellant was changed in the School Admission Register of Government School Kawakol, Nawada, Bihar. On the basis of the affidavits both dated 4th April 1979 sworn by the natural father and adoptive father of the appellant a caste certificate was issued to him on 25th April 1979 to the effect that he took caste of his adoptive father who belonged to scheduled caste community. After graduating from Indian School of Mines, Dhanbad the appellant served