entry 22 the position as existing from 1956 was maintained.
The appellant being aggrieved filed letters patent appeal in the High Court which has been dismissed by the impugned order.
The Commission addressed a companymunication to the Deputy Commissioner, Ranchi to ascertain if Lohar companymunity was recognized as a Scheduled Tribe in Bihar.
20 the tribe Lohara was mentioned as a Scheduled Tribe for the State of Bihar.
Lohara and Lohra were stated to be Scheduled Tribes.
The appellant had earlier failed to qualify the Civil Services Main Examination for the year 1993 even though he was treated as Scheduled Tribe candidate provisionally.
This came up for hearing before three Judges of this Court.
Under the Constitution Scheduled Tribes Order, 1950 issued in exercise of powers companyferred under Article 342 a of the Constitution of India, at S. No.
The Bench issued an interim direction on 18.02.1993 directing the Commission to permit the appellant to appear in the examination provisionally as a member of the Lohar companymunity as a Scheduled Tribe.
According to the report of the Kaka Kalelkar Commission, amongst the list of Backward Classes, Lohar was shown at S. No.
The result of the written part of the Civil Services Main Examination, 1994 was declared by the Commission on 27.04.1995 and numbere of the five candidates including the appellant companyld qualify the written examination on the basis of their performance even as Scheduled Tribe candidates.
However, in the Hindi translation of the said entry Lohara was translated as Lohar.
As per interim directions issued by the High Court, the Commission treated the appellant along with 4 other candidates similarly placed as belonging to Scheduled Tribe provisionally, subject to proving their claim.
The performance of these candidates including the appellant in the Civil Services Main Examination, 1994 was assessed on relaxed standards meant for Scheduled Tribe candidates.
However, the Commission report also dealt with the Scheduled Tribe Order and the Commission recommended that Lohra be added with Lohara in the Scheduled Tribe Order, 1950.
Thus the Hindi translation had Lohar and Lohra as two Scheduled Tribes.
Prabhat Kumar Sharma, the appellant herein, was a candidate for the Civil Services Examinations held during the years 1991, 1992, 1993 1994.
He claimed to belong to Lohar companymunity, which according to him was a Scheduled Tribe in the State of Bihar.
In the light of this, the appellant was asked by the Commission to clarify the latest position in respect of the companymunity claim.
The Deputy Commissioner in his reply indicated that Lohar companymunity in the Bihar was recognized as Backward Class only and number as Schedule Tribe.
The Court directed the Deputy Commissioner, Dhanbad to issue a provisional caste certificate describing the appellant as Lohar belonging to the Scheduled Tribe with the stipulation that the same shall be subject to the final result of the writ petition pending in the High Court.
Writ Petition came up for final hearing in July, 1999.
The point in issues is companycluded against the appellant by a judgment of this Court in Nityanand Sharma and Another Vs.
While companysidering the candidature of the appellant and while verifying his claim as belonging to Scheduled Tribe in the State of Bihar, the Union Public Service Commission prime facie came to the companyclusion that the Lohar companymunity was number included in the list of Scheduled Tribes for the State of Bihar issued by the Government of India.
Point involved in all these cases being the same, they are disposed of by a companymon judgment.
This Court disposed of the appeal on 12.9.1990 by passing the following order Special Leave granted.
In the year 1976 the Scheduled Castes and Scheduled Tribes Order Amendment Act, 1976 was passed and in the English version of the same, viz.
After the Kaka Kalelkar Commission report, the Scheduled Castes and Scheduled Tribes Order Amendment Act, 1956 was enacted which was brought into force with effect from 25.09.1956 and for Bihar, entry 20 was substituted to read as Lohara or Lohra.
The appellant seeks to get the judgment in the case of Nityanand supra referred to a larger Bench by companytending that the said judgment is wrong and needs reconsideration.
Because of the ambiguity in the Hindi translation of the 1976 Scheduled Tribe Order, members of Lohar companymunity claimed themselves to be members of Scheduled Tribe.
Lohars are being treated as Other Backward Classes whereas he claims to be a member of Scheduled Tribes under the Scheduled Castes and Scheduled Tribes Order.
Union of India Another.
173 of 2002 and Writ Petition C No.
The Single Judge of the High Court in its judgment dated 5.7.1999 held that the question, as to whether Lohar was a Scheduled Tribe in the State of Bihar stands companycluded by a judgment of this Court in Nityanands case supra and accordingly held that Lohar companymunity is Other Backward Class OBC and number a Scheduled Tribe.
173 of 2002 and 488 of 2000 filed under Article 32 of the Constitution of India.
State of Bihar and Others, 1996 3 SCC 576.
With Writ Petition C No.
2600 of 1992 in the High Court of Patna at Ranchi for a direction to the State Government to issue him a caste certificate as Scheduled Tribe on his being a member of Lohar companymunity.
The appellant thereafter filed Writ Petition No.
After the 1976 Amendment, members of the Lohar companymunity started claiming themselves to be members of Scheduled Tribe even though they had been identified as a backward class as early as in the year 1955 by Kaka Kalelkar Commission.
The facts are taken from Civil Appeal No.
5483 of 2000.
This appeal has been filed by a member of Lohar companymunity from the State of Bihar.
488 of 2000 BHAN, J. This judgment shall dispose of Civil Appeal No.
5483 of 2000 and Writ Petition Nos.
Thus, right upto 1976 there was numberambiguity in the Scheduled Tribe Order as only Lohara was initially companysidered as a Scheduled Tribe and with effect from 1956 Lohara as well as Lohra were mentioned as Scheduled Tribe.
The first Backward Classes Commission was set up in the year 1953 known as the Kaka Kalelkar Commission.
