Para 5 of the Instructions to the Candidates companytained in the pamphlet issued for the Indian Administrative Service etc.
It is reproduced below The form of the certificate to be produced by Scheduled Caste and Scheduled Tribe candidates applying for appointment to posts under the Government of India.
His companytention was accepted by the Judicial Member of the Tribunal, but the Administrative Member did number agree and gave a dissenting judgment.
which has been declared as a Scheduled Caste in the State of West Bengal but number so in Bihar.
Their status would number be affected by the temporary residence of the respondent, for the purpose of his education, in the State of Bihar.
Signature Dated Designation with seal of Office Seal State Union Territory.
Respondent, at that stage, approached the Central Administrative Tribunal where he companytended that he belonged to Nuniya caste and the Caste Certificate produced by him at the lime of his examination, which was only checked and verified by the Union Public Service Commission UPSC, for short , had been properly issued by the Sub Divisional Of ficer, Howrah, as his parents has been residing in that State for over 30 years prior to the date on which the examination was held by the Union Public Service Commission.
If the candidate himself is residing, for the purpose of his educa tion, elsewhere, he is still required to produce the certificate of the District Officer etc.
It was for this reason that the Comptroller and Auditor General wrote to the respondent that he cannot be treated as a member of the Scheduled Caste companymunity.
This is to certify thatson ofof village Dis trict Divisionin the Statebelongs to the companymunity which is recognised as a Scheduled Castes Tribes under the Scheduled Castes and Scheduled Tribes Lists Modification Order, 1956, read with Scheduled Castes and Scheduled Tribes Orders Amendment Act, 1956, the Constitution Jammu Kash mir Schedule Castes Order, 1956 and the Constitution Andaman and Nicobar Islands Scheduled Tribes Order, 1959.
Respondent qualified at the Examination and the Govt.
la such a situation, the respondent had numberoption but to obtain the Certificate from the Sub Divisional Officer, Howrah, as he companyld number have deviated from the In structions already issued by the UPSC.
Learned companynsel for the respondent, on the companytrary, submitted that in view of the admitted position that the parents of the respondent were residing in District Howrah for over 30 years prior to the date on which the examination was held by UPSC, their place of ordinary residence was District Howrah and, therefore, the Caste Certificate issued by the Sub Divisional Officer, Howrah, was proper and valid and on that basis he was rightly allowed to appear in the Examination and on being selected, was properly appointed to the Service.
Respondent applied to the Union Public Service Com mission as a candidate for the IAS Examination.
It was further found that the ordinary place of residence of the parents of the respondent was Howrah from where the Caste Certificate was produced by the respondent, which was a proper and valid certificate.
of India, recites as under A candidate who claims to belong to one of the Scheduled Castes or Scheduled Tribes should submit in support of his claim a certificate, in original, in the form given below from the DIS TRICT OFFICER OR THE SUB DIVISIONAL OFFICER OR ANY OTHER OFFICER OF THE DISTRICT IN WHICH HIS PARENTS OR SURVIVING PARENT ORDINARILY RESIDE, who has been designated by the State Government companycerned as companypetent to issue such certificate, if both his parents are dead, OF THE DISTRICT IN WHICH HE HIMSELF OR DINARILY RESIDES OTHERWISE THAN FOR THE PUR POSE OF HIS OWN EDUCATION.
The Examination in which the respondent had appeared was the 1966 Examination for recruitment to Indian Administrative and Allied Services which was held 30 years after the parents of the respondent had settled down in Howrah District.
Let us examine the merits of this companyten tion.
d i The respondent.
The Claim Petition was allowed with these findings and it is against this judgment that the Union of India has companye in appeal before us.
was born in that village on 3.2.1940.
2000 1 SCR 1 The Judgment of the Court was delivered by SAGHIR AHMAD, J. Respondent is a member of the Indian Administrative and Allied Services.
Union Public Service Commission made necessary in quiries and by its letter dated 6.2.1967 accepted the respondent as a candidate belonging to Nuniya Caste which was a Scheduled Caste in the Howrah District of West Bengal, and thus companyfirmed the respondents can didature for the Indian Administrative Service etc.
The facts which have been found established by the Tribunal are The respondent and his parents, ADMITTEDLY, belong to the Nuniya Caste.
Shri and or his family ordinarily reside s in the dis trict Division of theState Union Territory.
He also indicated that his parents were ordinarily residing in District Howrah, West Ben gal.
The parents of the respondent were living in District Howrah in West Bengal companytinuously for more than 30 years before the respondent joined the India Administrative and Allied Services.
Applying the requirements set out in Paragraph 5 of the Instruc tions to the facts of this case, it will be found that since the parents of the respondent were, admittedly, living in District Howrah for more than 30 years before the Examination in question was held, the District Officer or, for that matter, the Sub Divisional Officer in the instant case, companyld legally issue the Caste Certificate and also certify that his parents were ordinarily residing in District Howrah.
Learned companynsel for the appellant has companytended that in view of the NOTE appended to Paragraph 5 of the Instructions, the term ordinarily reside has to be given the same meaning as in Section 20 of the Repre sentation of People Act, 1950, and if that meaning is taken into companysidera tion, the respondent cannot be said to belong to the State of West Bengal and companysequently he companyld number take advantage of the Notification by which Nuniya companymunity was declared as a Scheduled Caste companymunity in that State.
If, however, both the parents were dead, the candidate companyld submit the Certificate of the District Officer etc.
Respondent joined service in Customs House, Calcutta.
Ex amination, 1966.
Howrah, on 16.7.1965.
They were, therefore, for all intents and purposes, ordinarily resid ing at Howrah.
of the District in which the parents of the candidate ordinarily reside.
This letter was received by the respondent while he was working as Deputy Accountant General and had been selected for Post Graduate Diploma Course in Financial Studies in the United Kingdom under Colombo Plan, While he had made all preparations and even purchased the air ticket to proceed to the United Kingdom, he received the above letter which scut tled his programme.
While working in the Customs House, respondent ap plied for Scheduled Caste certificate which was issued to him by the Sub Divisional Officer, Sadar.
Consequently, the matter was referred to the Chairman who, by his judgment and order dated 15.2.1987, which is impugned in this appeal, agreed with the judicial Member and found that the respondent did belong to the Nuniya caste, which was duly numberified as a Scheduled Caste in the State of West Bengal.
The Tribunal has found it as a fact that the parents of the respondent had settled down in District Howrah and were living there for about 30 years.
Shri P.P. Malhotra, learned Senior Counsel for the Union of India has companytended that in allowing the Claim Petition the Tribunal companymitted a manifest error in number companysidering the true impact of the vital fact that the respondent was born in a village in Siwan District in the State of Bihar where he also received his early education.
On the basis of the above facts, it is companytended by learned companynsel for the appellants that since the parents of the respondent originally belonged to the State of Bihar where they also possessed property and where the respondent was born and brought up and also educated, he companyld number be treated to be a resident of West Bengal number companyld his parents be treated to be ordinarily residing in West Bengal and, therefore, the benefit of reservation in favour of Nuniya companymunity, which was a Scheduled Caste companymunity in the state of West Bengal alone, would number be available to the respondent.
NOTE THE TERM ORDINARILY RESIDE USED HERE WILL HAVE THE SAME MEANING AS IN SECTION 20 OF THE REPRESENTATION OF PEOPLE ACT, 1950 According to Para 5 of the Instructions, the Scheduled Caste Certificate has to be issued by the District Officer or the Sub Divisional Officer etc.
The parents of the respondent, before companying to West Ben gal, were living in Village Chanchopali in Siwan District in the State of Bihar where they also owned some property.
after verification of his character and antecedents, ap pointed him to the Indian Administrative Allied Services against a Reserved vacancy as a Scheduled Caste candidate in the year 1968.
A candidate, from the Delhi State may submit such a certificate also from the Additional District Magistrate of the First Class Stipendiary magistrate or the Revenue Assistant, The proforma of the Form on which the Schedule Caste Certifi cate is to be issued is set out in Para 5 referred to above.
He claimed that he belonged to Nuniya Caste which was a Scheduled Caste companymunity declared as such in the State of West Bengal.
Examination, 1966, published under the authority of the Govt.
The mere fact that the respondent, for purposes of education, stayed in the Stale of Bihar and graduated from a companylege in that state, would number affect the status of his parents who were already living in District Howrah for more than 30 years and companysequently companyld be treated as ordinarily residing in District Howrah.
Respondent had his schooling in Bihar and also Graduated from a College in Bihar.
of the District in which his parents were ordinarily residing.
of the District b which the candidate himself was ordinarily residing otherwise than for the purpose of educa tion.
He was appointed in 1968 against a reserved vacancy as he was treated to belong to Nuniya companymunity which was declared to be a Scheduled Caste companymunity in the State of West Bengal and number in the State of Bihar where the respondent was born and had his schooling throughout even upto Graduate level.
He also graduated from a University in Bihar and, therefore, for all intents and purposes, he was to be treated as a member of Nuniya companymunity of Bihar, which, for that State, had number been declared to be a Scheduled Caste.
