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2017 Supreme(Ori) 961

BISWANATH RATH
Harisankar Prasad Ram – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s. S.K. Mishra, J. Pradhan, D.K. Pradhan, A.K. Behera & L. Pradhan
For the Opposite parties : M/s. J. Sengupta, D.K. Pnda, G. Sinha, A. Mishra, P.P. Behera, R.K. Pattnaik

JUDGMENT :

Biswanath Rath, J.

1. Though this writ petition involves a challenge to the impugned order under Annexure-10 as a whole but during course of hearing learned counsel for the petitioner confined his challenge to the recommendations at Sl.Nos.3, 5, 6, 8 and 9 in the impugned order.

2. Short background involved in the case is that petitioner claiming to be belongs to Kol-Lohars community finding place in the Scheduled Tribe Community as per the Presidential Order, taking help of the indication of his caste by the Revenue Authority in the latest record-of-right as Kol-Lohars applied for a caste certificate before the competent authority filing Misc. Case No.1563 of 1981. The competent authority after due inquiry and with the recommendation of the then local M.L.A., in favour of the petitioner, granted caste certificate in favour of the petitioner. It is on the basis of grant of caste certificate, petitioner applied for the post of Inspector of Cooperative Society at Bhawanipatna ARCS Circle in the year 1982 as a Scheduled Tribe candidate. Petitioner was selected and also appointed against the said post. In the process, petitioner was promoted to the post of Assistant Project Dir






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