Bimlesh Kuma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24178 of 2013 ====================================================== Bimlesh Kumar S/O Sri Rameshwar Prasad Resident Of Village Amatihiya, P.S- Yogapatt, District- West Champaran.

... ... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Human Resources, Govt. Of Bihar, Patna.

2. The Director Primary Education, Bihar, Patna.

3. The District Magistrate, West Champaran.

4. The District Education Officer, West Champaran.

5. The Distict Program Officer, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Singh For the Respondent/s :

Mr. S.A. Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-10-2018 The dispute as to the determination of caste is no more res integra.

The Apex Court has decided the issue in the case of Kumari Madhuri Patil vs. Addl. Commissioner reported in AIR 1994 SCC(6)241.

In view of the law laid down by the Apex Court in the case of Kumari Madhuri Patil(supra), the question as to the determination of caste of the petitioner whether the petitioner belongs to Scheduled Tribes is required to be authoritatively decided by the Committee in terms of judgment of the Apex Court (supra) and after decision by the competent authority in terms of direction of the Apex Court, the petitioner would be

Patna High Court CWJC No.24178 of 2013(3) dt.29-10-2018 2/2 entitled to consideration afresh in accordance with law. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U