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.

JUDGMENT :

DEEPAK ROSHAN, J.

1. Heard learned counsel for the parties.

2. The instant writ application has been filed by Petitioner primarily seeking following reliefs:-

(a) For issuance of an appropriate writ/order/direction including Writ of Declaration, declaring that the action of Respondent- Jharkhand Public Service Commissioner [hereinafter referred to as ‘JPSC’ for short] in rejecting the candidature of the Petitioner under the Reserved Category of Scheduled Caste and treating the Petitioner to be a candidate belonging to Un-reserved Category for appointment on the post of Deputy Collector pursuant to Advertisement No. 05/2005 being ‘1st Deputy Collector (Limited) Competitive Examination’ on the alleged sole ground that the Caste Certificate submitted by the Petitioner is not valid is per se, illegal, arbitrary, actuated with malice in law and contrary to the judicial pronouncement of the Hon’ble Apex Court in the case of Pankaj Kumar v. State of Jharkhand & Ors. 2021 SCC OnLine SC 616.

(b) For issuance of further appropriate writ/order/direction including Writ of Mandamus, directing Respondent-JPSC to recommend the name of the Petitioner for appointment on the post of Deputy Collector pursuant to Advertisement No. 05/2005 pertaining to ‘1st Deputy Collector (Limited) Competitive Examination’ on the vacant post of Scheduled Caste Category, especially in view of the fact that the Petitioner has secured more marks than the last selected candidate, including the fact that one Rajendra Kumar Das in whose favour recommendation was made has not joined on the post of Deputy Collector as he was already appointed on the said post pursuant to advertisement conducted by Respondent-JPSC.

(c) For issuance of further appropriate writ/order/direction including Writ of Mandamus, directing Respondent-State of Jharkhand to appoint the Petitioner on the post of Deputy Collector with all consequential benefits, especially in view of the fact that the Petitioner has secured more marks than the last selected candidate under the Scheduled Caste Category pursuant to Advertisement No. 05/2005 pertaining to ‘1st Deputy Collector (Limited) Competitive Examination’ and is entitled for appointment on the post of Deputy Collector.

3. The undisputed facts of the case is that Petitioner belongs to the Caste ‘Dusadh’ which was recognized as a Scheduled Caste under the undivided State of Bihar and after bifurcation of the State of Bihar and creation of the State of Jharkhand with effect from 15.11.2000, the said caste is recognized as Scheduled Caste in both the successor State of Bihar and in the State of Jharkhand. The Petitioner was born in the District of Dhanbad in the year 1973, where his father was working as ‘Peon’ in the office of the District Collectorate at Dhanbad and the Petitioner has obtained his educational qualification i.e. matric examination, intermediate qualification and graduation all from the District of Dhanbad.

4. Pursuant to an advertisement published by Bihar Public Service Commission at the time of undivided State of Bihar, Petitioner applied for the post of Assistant Teacher as Schedule Caste Category and was appointed on the post of Assistant Teacher as