Rakesh Roshan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25518 of 2013 ======================================================

1. Rakesh Roshan S/O Rajendra Mandal Resident Of Village- Patwara, P.SRaj Nagar, District- Madhubani. .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Department Of General Administration, Government Of Bihar, Patna.

2. The Principal Secretary, Department Of General Administration, Government Of Bihar, Patna.

3. The District Magistrate, Madhubani.

4. The Sub Divisional Officer, Madhubani.

5. The Circle Officer, Raj Nagar, Anchal, Madhubani. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Respondent/s : Mr. Neelu Agrwal ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 21-07-2016 Heard the learned counsel for the petitioner and the State.

A counter affidavit of the respondent is on record.

The writ application is filed for a direction upon the respondents to issue Scheduled Caste certificate to the petitioner. It is stated that the father of the petitioner was granted Caste certificate of Chaupal (Scheduled Caste) (Annexure-1). The petitioner applied for the Caste Certificate which has not been considered and disposed of.

Mr. Kumar states that under the recent

Patna High Court CWJC No.25518 of 2013 (2) dt.21-07-2016 2/2 resolution of the Government upon the recommendation of the Backward Class Commission, 'Khatwe' has been de-listed from the category of EBC. It is stated that considering the aforesaid resolution of the Government, the petitioner is entitled to issue of Caste Certificate of a Scheduled Caste as was done in the case of his father. However, since the respondents have not till date issued any Caste Certificate, it is submitted that the application be disposed of by directing the respondent, particularly, District Magistrate, Madhubani to consider the pending representation of the petitioner (Annexure-6) and take appropriate decision and/or pass appropriate orders directing the authority concerned to issue appropriate Caste Certificate in favour of the petitioner.

Accordingly, the writ application is disposed of directing the respondent- District Magistrate to consider the pending representation of the petitioner and take appropriate decision on the pending representation of the petitioner for issue of Caste Certificate as quickly as possibly preferably within 04 weeks from the date of receipt/ communication of this order along with a copy of the representation.

(Kishore Kumar Mandal, J) Shyam/- U