Central Administrative Tribunal - Patna
Rajiv Kumar vs Railway on 13 August, 2021
1 OA 182/2021(R)
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
OA/050/00182/2021 [Ranchi]
Date of Order :13.08.2021
COR AM
HON'BLE MR. M.C.VERMA, ...... .................... JUDICIAL MEMBER
HON'BLE MR. SUNIL KUMAR SINHA, ADMINISTRATIVE MEMBER
1. Rajiv Kumar, son of Munarik Vishwakarma, aged about 30
years, resident of Padugora, Mahuda, Dhanbad, Jharkhand.
2. Dheeraj Kumar, son of Devendra Sharma, aged about 24 years,
resident of Bhagwatpur,, Dharampur, Vaishali, Hajipur, Bihar.
3. Shubhuranshu Ranjan Sharma, son of Ram Shankar Sharma,
aged about 28 years, resident of Qr. No. 4, near GYM Centre,
Shalimar, Dhanbad, Jharkhand.
4. Raghvendra Kumar, son of Shev Kumar Mishtri,
Mishtri, aged about 28
years, resident of Ishmailpur, Tola Beladih, P.O.-Sherghati,
P.O. Sherghati,
Gaya, Bihar.
.......... Applicants.
- By Advocate : Shri S. Gautam.
-Versus
Versus-
1. The Union of India through the General Manager, having its
office at Railway Recruitment Boa
Board,
rd, having its office at Railway
Office Complex, P.O.& P.S.
P.S.-Chutia,
Chutia, District-Ranchi.
District
2. RRBs function under the direct control of Railway Recruitment
Control Board through the Director General (Staff), Railway
Board located at Rail Bhawan, New Delhi
Delhi-110001.
3. Member
ember Secretary, Railway Recruitment Board, having its office
at Railway Office Complex, P.O. & P.S.
P.S.-Chutia, District-Ranchi.
......... Respondents.
By Advocate :- Shri Prabhat Kumar SC.
2 OA 182/2021(R)
O R D E R (ORAL)
M.C.Verma, Member (Judl.)
1. The matter is at notice stage hearing. Aggrieved by act of respondents, of non declaring of their result and for keeping the result in abeyance on the issue of their caste certificate, certificate instant OA has been preferred jointly by four applicants for direction upon the respondents to declare their result and to further reconsider the case of the petitioner for appointment under ST category. An MA for joint OA has also been filed.
2. The case of the applicant, as has emerged from pleading in OA is that pursuant to advertisement no.. CEN 01/2018 published by RRB on 03.02.2018 applicants did apply for the post of Assistant Loco Pilot mentioning their caste as 'Lohar' and claiming benefit fit of Schedule Tribe category. That LOHARA community, which has been recognised as Schedule Tribe, placed at Sr. No 22 for the State of Bihar. That applicants along with their Online application also did submit their caste certificate issued by the competent authority certifying that applicants belong to Schedule Tribe {Copy of ST certificatess is Annexure A/3 series (Page 83 83-86 86 of OA)and reveals that applicants belongs to 'Lohar' community which has been recognised as Schedule Bihar . Applicants were Tribe, placed at Sr. No 22 for the State of Bihar} allowed to participate in the selection process and they find place in the merit list of successful candidates.
candidates. That responden's authority now is neither giving appointment to 3 OA 182/2021(R) them nor is declaring their result and merely has endorsed in document that their result has been kept in abeyance.
3. Today is the 4th date when this matter is on Board for notice hearing. On 11.03.2021 when this matter firstly came on Board, counsel for respondents placed on record two letters, one dated 26.08.2019 on the subject that SC and ST status of Tanti and Lohar Castee Candidates respectively and the second dated 13.11.2019 issued by Railway Board wherein it is stated that vide letter dated 23.10.2019 of Ministry of Tribal Affairs it has been informed that "As As on date, LOHARA, LOHRA is in the list of Scheduled Tribes off Bihar. However, LOHAR is not in the list of Scheduled Tribes of Bihar." Letter dated 23.10.2019 of Ministry of Tribal Affairs was also enclosed with letter dated 13.11.2019 of the Railway Board and having aving glance of aforesaid letters it was orally enquired ed from Shri Prabhat Kumar Advocate, who did appear for respondents on 11.03.2021 as to why the result of applicants has not been declared and if there is no legal impediment, result may be declared. No notice was issued on 11.03.2021 and it is on Board today for notice hearing stage.
4. Heard. Mr. S. Gautam,, learned advocate, appearing for applicant informed at Bar that respondents have supplied him the copy of counter affidavit to be filed by respondents and that in said affidavit it has been stated that tha Lohar is not in the list of Scheduled Tribe and the applicants applicant thus do not belong to ST and therefore applicants has been treated against UR vacancy.
4 OA 182/2021(R) He requests to grant him time to file the reply and added that two persons who claiming benefit of ST category category and claiming themselves to be of Lohar caste have been appointed by the respondents against quota of ST category and referred photocopy of application of one Pujari Sharma & Gautam Kumar (Annexure 10 series) and urged that they stating them to be off Lohar community claimed reserve category quota of ST and were appointed but discrimination is being done to the applicant. He also emphasized that caste certificate has duly been issued by the competent authority and said certificate still hold good and has not been recalled or cancelled, cancelled so legally it is not permissible for the respondents to deny benefit of ST category to the applicant.
5. Learned counsel Shri Prabhat Kumar, who is appearing for respondents urged that it is admitted case of applicants that that they belong to 'Lohar' caste and that it is evident from letter dated 23.10.2019 of Ministry of Tribal Affairs that ass on date it is only LOHAR & LOHRA who are in the list of Scheduled Tribes of Bihar and LOHAR is not in the list of Scheduled Tribes of Bihar. He urged to dismiss the OA. Upon enquiry whether result of the applicant have been declared formally , he answered that result has to be published on the Notice Board and the same has been displayed, he clarified that result was not communicated to individual candidate personally.
5 OA 182/2021(R)
6. Considered the submissions advanced. Article 342 provides for specification of tribes or tribal communities or parts of or groups within tribes or tribal communities which are deemed to be for the purposes of the Constitution the Scheduled Tribes in relation to that State or Union Territory. Said Article stipulates as under:-
" 342. Scheduled Tribes.--(1) (1) The President may with respect to any State or Union territory, and where it is a State , after consultation with the Governor thereof, by public notification , specify the tribes or tribal communities or part of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes in relation to that State St or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, c but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification."
7. Attention of learned counsel for applicant was drawn to Article 342 of the Constitution and it is enquired whether there is any Presidential Notification otification that 'Lohar' is Scheduled Tribe community; and learned counsel submits that Presidential 6 OA 182/2021(R) Order is there but unfortunately that could not be brought on record.
8. As noted above, there are two fold main prayers in the OA, namely, (A) for a direction upon the respondents to declare the result of the petitioner and (B) for a direction upon the respondents to further reconsider the case of the petitioner for appointmentt under ST category. The prayer made in the OA, verbatim is: - "A. For a direction upon the respondents to declare the result of the petitioner as the same has been kept in abeyance for receiving a clarification on the issue of their caste certificate;. B. For a direction upon the respondent to further reconsider the case of the petitioner for appointment as the petitioners admittedly belong to LOHARA Community which has been recognized as Schedule tribe in the Schedule Caste and Schedule Tribes Orders (Amendment) (Amendment) Act, 1976 and have admittedly secured higher marks than the cut-off cut off marks for the schedule Tribe in the final selection list.; C. For any other relief or reliefs for which the applicant is legally entitled."
9. As far prayer as at "A"
A" relates, relates learned counsel, Shri Prabhat Kumar, appearing for respondents has stated at Bar that result has to be published on the Notice Board and the same has been displayed, he clarified that result was not communicated to individual candidate personally. Learned counsel for applicant in his submission sion has urged that in counter affidavit of the respondents supplied to him it is stated that applicants has been 7 OA 182/2021(R) treated under UR category. The prayer is for a direction upon the respondents to declare the result of the petitioners. Said grievance practically does not survive now,, however, for satisfaction of applicants respondents may be directed, directed at this stage also to communicate the result to the applicants to make them formally aware about the result. Learned counsel for respondents urged that OA may be disposed of and that result of applicant would be communicated to the applicants.
10. As far prayer as at "B" relates, for the purposes to be deemed to be Scheduled Tribes in relation to a State or Union territory rritory public notification of the President under under Article 342 is must.
The list of Schedule Tribe displayed in accordance with The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 is only available in text book and this list iss having mention of the caste/ communities viz. (1) Asur,, (2) Baiga, (3) Banjarais ,(4 Bathudi,(5) Bedia, (6)Bhumij in North Chotanagpur and South Chotanagpur divisions and in Santal Parganas district. North Chotanagpur division comprises Dhanbad, Giridih and Hazaribag districts; South Chotanagpur division comprises rises Palamu, Lohardaga, Gumla, Ranchi, Purbi Singhbhum and Pashchimi Singhbhum districts; Santal Parganas district comprises Godda, Sahibganj, Dumka and Deoghar districts.;(7)Binjhia; (8) Birhor, (9) Birjia;(10) Chero;
(11) Chick Baraik; (12) Gond;
Gond (13) Gorait;(14) Ho;; (15)
Karmali;(16)
;(16) Kharia (17) Kharwar; (18) Kondh; (19) Kisan;
8 OA 182/2021(R) (20) Kora; (21) Korwa;;(22) Lohara, Lohra; (23) Mahli; ;(24) Mal Pahariya;(25) Munda;(26) Oraon;(27) Parhaiya; ;(28) Santal'(29) Sauria Paharia & ;(30) Savar;
Savar as scheduled tribe be community.
11. Lohara, Lohra though is at Sr. No. 22 but there is no mention of Lohar in above said list. Further in letter dated 23.10.2019 of Government of India, dia, Ministry of Tribal Affairs, Affairs it is specifically mentioned that as on date Lohar is not in the the list of ST at Bihar. However, taking note of submission of learned counsel for applicant that he may produce Presidential Order rder showing that Lohar is in the list of ST at Bihar, Bihar we think it would be appropriate to dispose of this OA with liberty to the applicants to represent before the Respondent Respondent Authority of Railway with copy of Presidential Order/ Notification N but learned earned counsel for the applicant vehemently opposed the disposal of OA at this stage submitting that he may be given time to file reply of the counter affidavit of respondents.
12.Needless to say no notice upon respondents has yet been directed/ issued in instant OA. When notice itself has not been issued, question of filing counter affidavit or its reply does not arise. No counter affidavit of respondents is on this record. On 11.03.2021 when this matter firstly came on Board, counsel for respondents placed on record two letters and having glance of said letters it was enquired from him orally as to why why the result of applicants has not been declared and if there is no legal 9 OA 182/2021(R) impediment, result may be declared. If to meet out that query copy of any affidavit is supplied, that in itself is not sufficient to retain the matter awaiting reply of so called counter co affidavit.
13. In view of factual & legal aspects, discussed above the OA is disposed of with liberty to the applicants to represent before the Respondent Authority of Railway, Railway within two weeks, with copy of Presidential Order/ Notification whereby Lohar Lohar caste has been declared as ST and is included in list of Scheduled Tribe as per Article 342 of the Constitution of India. If any such representation is received by Railway Authority, Authority they shall consider and pass appropriate order thereon within six weeks after receipt of representation. Needless to say that decision taken on such representation shall be communicated by respondent to applicant/applicants without delay.
14. The OA & MA both stand disposed of accordingly.
[ Sunil Kumar Sinha ] [ M.C. Verma ] Member (A) Member (J) Pkl/