Rahul Kumar Baraik Vs the State of Jharkhand

5. The Secretary Jharkhand State Staff Selection Commissioner, Kalinagar T- Garden Namkum, Ranchi 834010, P.O., P.S. – Namkum, District – Ranchi .... Respondents

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Harendra Kr. Mahato, Advocate :- Mrs. Ahalya Mahato, Advocate :- Ms. Jyotsna Mahato, Advocate For the JSSC :- Mr. Tejo Mistri, Advocate ----

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03/ 12.08.2024 Heard learned counsel appearing for the petitioner and learned counsel appearing for the respondent State.

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2. The prayer in the writ petition is made to issue caste certificates of the caste named Chik Baraik for Schedule Tribe category by the Circle Officer, Rahe. Further prayer is made for quashing the rejection order online dated 02.04.2024 contained in Annexure-3.

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3. Learned counsel appearing for the petitioner submits that the petitioner is a member of “Chik Baraik” by caste which comes under the category of Schedule Tribe in Jharkhand and accordingly responding to the Advertisement No. 04/2023 published by the JSSC as Jharkhand Diploma Level Joint Competitive Examination, 2023 (Regular) petitioner applied in the Schedule Tribe category. The Admit Card issued to him and appeared online in the test/examination held on 30.09.2023 at Jamshedpur in the post of Junior Engineer having qualification as diploma in civil engineering. He submits that the petitioner was selected in the test/examination and a notice was issued on 28.02.2024 asking the selected candidates according to the seniority to the panel for verification of the testimonies in the JSSC Office on 04.03.2024 and 05.03.2024. Petitioner’s date was fixed on 04.03.2024 for verification of the certificates while the petitioner produced all the necessary certificates but the caste certificate could not have been produced because his application for issuing caste certificate by the Circle Officer, Rahe was rejected on 02.04.2024 itself. He further submits that wrongly the said has been rejected in absence of any enquiry made by the Circle Officer, Rahe. He draws the attention of the Court to the notification dated 05.06.2008 issued by the Department of Personnel and Administrative Reforms, Rajbhasha and submits that the Circular is there that in absence of any document the proper enquiry is required to be made and thereafter the caste certificate can be issued. He submits that in the case of

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the petitioner, in absence of any enquiry, the order has been passed in online without giving any reason. He submits that the Ward Commissioner by way of Annexure-5 pointed out that the petitioner’s living standard clearly suggests that the petitioner is of Chik Baraik community, however, in the khatiyan wrongly it has been typed as “Baraik”. He submits that in absence of any enquiry, the rejection order has been made. He further submits that Annexure-6 is a document which suggests that the caste certificate is issued to the father of the petitioner as Chik Baraik. The question remains when the caste certificate in favour of the father of the petitioner as Chik Baraik why it should not be in favour of the petitioner.

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4. Learned counsel appearing for the State submits that in the Khatiyan, the ancestor of the caste of the petitioner is shown as Baraik and in view of that it has been rejected.

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5. In view of the above, it transpires that the notification dated 05.06.2008 clearly suggests that proper enquiry is required to be made before issuing the caste certificate and admittedly no reasoned order is communicated to the petitioner. In online, the word rejected has been found by the petitioner. The document on the records suggests that on enquiry other persons have been declared Chik Baraik in place of Baraik.

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6. In light of above, this petition is being disposed of directing the petitioner to file the representation along with all the relevant documents before the Deputy Commissioner, Ranchi within a week.

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If such a representation is filed, the Deputy Commissioner, Ranchi will take a decision in accordance with law and pass a reasoned order in the light of discussions made here-in-above within a period of three weeks further thereafter.

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7. The Decision taken by the Deputy Commissioner will be communicated to the petitioner by the Deputy Commissioner.

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8. It goes without saying that the Deputy Commissioner may hear the petitioner by way of calling him fixing a date.

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(Sanjay Kumar Dwivedi, J.)

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Sangam/

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