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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE DEEPAK ROSHAN, J
Prem Shankar Prasad son of Vishwanath Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
1. Petitioner, in the present case, is again compelled to knock the door of this court despite the fact that, earlier, this court, vide detailed Judgment and order dated 18.12.2020 passed in W.P.(S) No. 1001 of 2009, was pleased to set aside order contained in Memo No. 206 dated 23.03.2010, wherein Petitioner was imposed penalty pursuant to departmental proceedings.
2. Detailed facts was already noted in earlier order dated 18.12.2020 passed in W.P.(S) No. 1001 of 2009, but for the sake of ready reference, facts of the case are again noted hereinafter.
3. Petitioner, being a Member of Tanti (Pan/Swasi) caste appeared in an examination held in the year 1973 for the post of Lower Division Clerk/Assistant, and, thereafter, on being successful, was appointed on the post of Lower Division Clerk/Assistant in the office of Deputy Inspector General of Police, South Chotanagpur Division, Ranchi, in the year 1978 and his services were confirmed on 12.01.1980.
4. On 31.01.1992, Department of Welfare, Government of Bihar came out with a circular treating ‘Tanti’ caste as synonymous with ‘Pan/Swasi’ and, accordingly, issued a circular in that regard. Consequent upon issu
The court emphasized adherence to judicial directives in administrative proceedings and quashed penalties imposed on the petitioner for alleged caste certificate forgery.
Denial of Scheduled Caste status based on caste certificate format is unconstitutional under Article 14, violating rights protected by Section 73 of the Bihar Reorganization Act, 2000.
The court ruled that the cancellation of the caste certificate was unjustified, reinstating the petitioner's service based on her established caste identity and residency prior to state reorganizatio....
The court established that claims to belong to reserved categories must be substantiated with credible evidence, and fraudulent claims undermine the constitutional provisions for social justice, lead....
A person who fraudulently obtains a caste certificate by misrepresenting facts is not entitled to the benefits reserved for the caste or community mentioned in the certificate.
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
Central government appointments follow strict Presidentially notified Scheduled Caste list under Article 341; state mergers or local corrigenda cannot include sub-castes listed as OBC.
The classification of Scheduled Tribes is strictly governed by the Constitution, and alterations can only be made by Parliament, not by state authorities or courts.
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