Central Administrative Tribunal - Patna
Jitendra Kumar vs Defence on 15 January, 2026
1 O.A. No. 051/00230/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
CIRCUIT BENCH AT RANCHI
O.A. No. 051/00230
00230/2019
Reserved on: 15.12.2025.
Pronounced on: 15.01.2026.
CORAM
HON'BLE MR. JUSTICE NARENDRA KUMAR JOHRI, MEMBER [J]
HON'BLE MR KUMAR RAJESH CHANDERA, MEMBER [A]
Jitendra Kumar Son of Sri Bhrigu Sahu, aged about 39 years, resident of
A.G. Colony, C/o Nandlal Jaiswal, Atta Chakki Road, Beside A.G.
Colony, Doranda, P.O & P.SP.S- Doranda, Dist-Ranchi,
Dist Ranchi, Pin no. 834002,
Jharkhand.
....Applicant.
Advocate ::- Mrs. M.M. Pal. Sr. Adv.
-Versus-
1. Union of Public Service Commission, through the Secretary, New
Delhi
Delhi-110069.
2. Secretary to the Govt. of India, Ministry of Defence, D.R. & D.O.,
'C' Block, DRDO Bhawan, Rajaji Marg, New Delhi
Delhi-110011.
3. Govt. of India, Ministry of Social Justice & Empowerment 201, C
C--
Wing, Shastri Bhawan, Dr. R.P. Marg, New Delhi -1
4. The Secretary, Ministry of Personnel, P.G and Pensions, DOPT,
North Block, New Delhi
Delhi-110001.
5. District Magistrate (Bhojpur), Maharaja Hata, Karita, Arrah -802301,
802301,
Bihar.
6. Sub Divisional Officer, Jagdishpur, P.O & P.S
P.S- Jagdishpur, District--
Bhojpur, Pin no. 802301.
7. Circle Officer, Shahpur, P
P.O
.O &P.S-
&P.S Bhojpur, District-Bhojpur
Bhojpur
(Arrah) Pin no. 802165.
Digitally
MANORsigned by
ANJAN MANORA
KUMAR NJAN .......... Respondents.
SINHA KUMAR
SINHA
Advocate ::- Shri Amit Sinha, ld. ASC.
2 O.A. No. 051/00230/2019
ORDER
Per- JUSTICE NARENDRA KUMAR JOHRI, MEMBER [J] Instant Original Application has been filed by the applicant seeking the following relief(s):
"8.1 The rejection order dated 26th Dec 2018 issued by Dy. Director for Chairman, DRDO (Ann-A/6) (Ann be quashed.
8.2 The Respondents be directed not to give effect to the rejection order dated 26th Dec 2018 and to reconsider the case of this petitioner for his appointment on the selected post on and from the date of appointment of the 1st candidate lower to the petitioner in the recommended list of the UPSC with all consequential benefits.
8.3 The Respondents be directed to issue appointment letter to the petitioner on the basis of the corrigendum dated 26.05.2018 wherein the error on the report on caste certificate has been clarified and corrected.
8.4. The Respondents be directed petitioner and to issue appointment letter at par with the other selected candidates without any further delay.
8.5) The Respondents be directed to issue at least provisional appointment letter immediately in terms of their own circular/ OM dated 9th Sept 2005, March 2007 and 8th Oct 2015, if anything ything is yet to be verified.
8.6 Any other relief or reliefs for which the applicant applica is entitled to."
2. The case of the applicant in nutshell is that the applicant was initially appointed in Indian Navy Service and retired on 31.01.2014 after 15 years continuous service. Thereafter, he joined in the office of Principal Accountant General (A&E), Jharkhand on 22.03.2016 under Ex-- servicemen category (without without opting for qualifying under caste category).
category
3. Before joining in the office of Principal Ac Accountant General, pursuant to Advertisement No. 52/2016 dated 27.02.2016, he has applied Digitally MANORsigned by ANJAN MANORA for the post of Senior Administrative Officer Grade Grade-II in Defence Research KUMAR NJAN SINHA KUMAR SINHA and Development Organisation (DRDO), Ministry of Defence. For selection, computer-based recruitment itment test was held on 22.05.2016 at Kolkata Centre Centre. Thereafter, hereafter, he was called for interview by the UPSC on 3 O.A. No. 051/00230/2019 10.08.2016 and subsequently result was declared on 16.08.2016 wherein the applicant secured 2nd rank in the seniority list under Scheduled Caste Category.
tegory. The same was informed to the applicant by the UPSC vide letter dated 22.08.2016. After publication of result a letter was issued by the Under Secretary (SPC (SPC-I) I) UPSC wherein the applicant was informed that his name has been recommended for post of S Sr. r. Administrative Officer, Grade I and the offer of appointment will be made to him only after the government satisfaction satisfaction.
4. Thereafter, applicant was directed to furnish the required information information/documents /documents relating to educational qualification, experience certificate, caste certificate and vide letter dated 18th April 2017, the Dy. Director (Per (Per-AA1) AA1) for Chairman, DRDO directed the petitioner to furnish two required documents for verification of character and Antecedents. The required information was furnished by the applicant vide his representation dated 25.10.2016 and 1st May 2017.
5. The caste certificate furnishedby by him was sent for verification and after verification report was sent to the DRDO wherein his case cas was filled as TATWA instead of PAN as a result the letter from SDM office mentioned caste in the first P Para ra as TATWA while in second Para it was filled as PAN which was forwarded to DRDO.
6. The applicant, after knowing error in his caste certificate certificate, he made representation on 01.04.2018 and online reply was also received from Digitally MANORsigned by DRDO that his representation has been sent to UPSC on 04.05.2018. He ANJAN MANORA KUMAR NJAN SINHA KUMAR SINHA also made representation dated 01.04.2018 before the D.M. Bhojpur, Bihar for issuance of corrigendum. An enquiry was conducted aand nd after proper verification, his caste verification report dated 17.02.2018 was 4 O.A. No. 051/00230/2019 corrected and accordingly a corrigendum to caste verification report was sent to DRDO by the District Welfare Officer, Bhojpur vide letter No. 1289 dated 31.05.2018. However However, when the appointment letter was not issued in favour of the applicant,he made a representation dated 25.08.2018 before the Chairman, DRDO but yielded no response. Thereafter, he filed an O.A No. No.742/2018 742/2018 which was disposed of by the Tribunal vide its order dated 14.09.2018 with direction to the respondents that if any such representation has been preferred on 25.06.2018 and the same is pending consideration then the same may be considered keeping in mind the departmental rules governing the field. After such consideration if the applicant's grievance is found to be genuine then the respondents are directed to consider his case for appointment and pass a reasoned and speaking order within a period of three months from the date of receipt of this order.
7. The respondents, thereafter, vide order dated 26.12.2018 rejected the claim of applicant stating that he is not fit for granting appointment on the post of Sr. Administrative Officer Gr.I against vacancy reserved for Scheduled Caste and the competent autho authority rity has ordered to cancel the candidature of the petitioner. Hence Hence, this O.A.
8. The learned counsel for opposite party has filed their written statement and in rebuttal they have submitted that 05 posts of Senior Administrative Officer, Grade Grade-I were to be b filled up under reservation Digitally MANORsigned by quota (for for SC SC-01, for OBC 02 and for Unreserved-2).As Unreserved s per Recruitment ANJAN MANORA KUMAR NJAN SINHA KUMAR SINHA Rules for Group 'A' Gazetted Post, selection process was required to be held by UPSC so the DRDO vide letter dated 11.09.2015 requested the 5 O.A. No. 051/00230/2019 UPSC. Accordingly, the UPSC given advertisement for filling up these posts vide SLP/52/2016 dated 27.02.2016..
9. The name of applicant was recommended by UPSC for appointment on the said post of SAO SAO-1 1 against a vacancy reserved for the schedule caste caste, and applicant was directed to submit required documents.
10. On 29.09.2015 applicant submitted a caste certificate issued by the SDO, Jagadishpur (Bhojpur) to the UPSC at the time of his selection. As per the existing procedure, to confirm its veracity, the same was sent to the D.M. and Collector, Bhojpur, Bihar vid letter dated 12.04.2017 and applicant was directed to submit the requisite documents i.e educational qualification, Character Certificate and Caste Certificate Certificate. On n 29.09.2015 applicant submitted a caste certificate issued by the SDO, Jagadishpur (Bhojpur) to the UPSC at the time of his selection. Thereafter, a letter No. 451 dated 20.02.2018 was received from District Welfare Officer, Arrah, Bihar enclosing report of the SDO Jagdishpur agdishpur dated 17.02.2018 17.02.2018 wherein it is stated that "Shri Jitendra Kumar belongs to TATWA caste caste". Further, it was mentioned that as per related register kept for maintaining such records in which name of Shri Jitendra Kumar was recorded at Sl. No. 542 dated 04.11.2015 as OBC OBC/Caste /Caste 'Pan'.
11. This mat matter was sent to Ministry of Social Justice and Employment by DRDO to clarify whether the caste "Tatwa" is included in the list of Schedule Caste Caste. It was clarified by the ministry that under provision of Digitally MANORsigned by Article 341 of the constitution, the list is notified by the order of the ANJAN MANORA KUMAR NJAN SINHA KUMAR SINHA President of India and any inclusion in the list can only be made by the Parliament. As of now, Tanti/Tatwa community of Bihar does not figure in the list of Schedule Caste rather it appears in the central list of OBCs at 6 O.A. No. 051/00230/2019 Sl.No.48. Accordingly, it was suggested to department that the certificate issued by the SDO Jagdishpur need not to be accepted. This case was thereafter submitted to UPSC who advised to get the matter enquired thoroughly and till such time the enquiry is over, the issue of offer of appointment may be kept in abeyance. In the meanwhile, during the course of inquiry a reply dated 08.12.2017 was received from the employer of the applicant namely Principal Accountant General (A&E) applicant belongs to UR/Ex-Service Jharkhand, stating that the ""applicant UR/Ex Service Man category", hence his appointment to the post of Accountant was made in UR/Ex-Service Service Man Category" and caste verification was not taken up by this office.
e.
12. Another nother report No. 538 dated 26 May 2018 of SDO Jagdishpur, issued by District Welfare Officer, Bhojpur, Bhojpur Ara vide letter No. 1322 dated 01.06.2018 (Annexure A/3 of OA) OA)wherein it was mentioned that caste certificate forwarded vide letter No. 189 dated 17 Feb 2018 & issued vide letter No. 03252 dated 28.09.2015 bears caste of the applicant as TATWA. It was also mentioned in the letter that after joint investigation, it has been fou found nd that Tatwa is a sub-caste sub of the Caste Category--
PAN/SWASI. It was also mentioned that as per the Gazette issued by Bihar Govt dated 02 Jul 2015, the Tatwa Community has been merged with the Pan/Swasi community.
13. That it is stated that the case was again referred to the Ministry of Digitally MANORsigned by ANJAN MANORA KUMAR NJAN Social Justice & Empowerment, Government of India for seeking their SINHA KUMAR SINHA advice in the matter. Their ir advice was in negative, i.e. applicant as per 7 O.A. No. 051/00230/2019 central list is not belonging to Scheduled Caste, hence, he cannot be given appointment, intment, however, the D.O.P.T. may also be consulted.
14. That it is stated that the DOP & T was requested to suggest DRDO whether Shri Jitendra Kumar can be offered appointment to the post of SAO-II in DRDO against a vacancy reserved for the Scheduled Caste or his candidature on the basis of clarification received from the Ministry of Social Justice & Empowerment Empowerment, may be cancelled. DOP&T concurred with the aforesaid views of Ministry of Social Justice and Empowerment and opined that employment should no nott be allowed as this is an attempt of securing Government employment on the strength of fake caste certificate.
15. That it is stated that in the meantime, the applicant filed OA NO. 742/2018 in CAT Patna (Circuit Bench Ranchi), which was disposed of vide order dated 14.9.2018 direct directing the respondents to consider the representation dated 25.6.2018 submitted by the applicant and pass a reasoned and speaking order.
16. That it is stated that after consideration of the case in the light of views expressed by the nodal ministries, the Competent Authority, came to the conclusion that Shri Jitendra Kumar is not fit for granting appointment on the post of SAO SAO-II against a vacancy reserved for the Scheduled Caste. The competent authority had therefore vide order da dated ted 26.12.2018 cancelled the candidature of applicant.
applicant Digitally MANORsigned by ANJAN MANORA KUMAR NJAN SINHA KUMAR SINHA 17. The applicant thereafter filed rejoinder to the written statement reiterating the earlier submission. Additionally, he has submitted that a lot of candidates having same caste as that of applicant have been issued 8 O.A. No. 051/00230/2019 caste certificate of PAN after this circular and they are holding jobs both under Central government, DPSUs as well as State of Bihar under SC category, on the other hand denying the applicant violates his Fundamental right of equality un under der Article 14 of Constitution of India. He further submitted that petitioner cannot be a member of other Backward Class as well as Scheduled Caste at the same time, so either it is to Tatwa or Pan (OBC or SC). He further submitted that his caste certificate ate No. 3252 which has been submitted to the UPSC as well as to DRDO declared him as PAN which is a Scheduled Caste. The applicant further mentioned that the judgement passed in Narmada Dom @ Narbada Ors. on 17th Jan, 2019 whose extract is as Dom Vs The State of Bihar and Ors follows :-
Once the caste certificate has been supported by the District "Once Administration,, the Commission could not have gone into the question of Administration legality and validity thereof, particularly in view of the judgement of Hon'bl Hon'blee Supreme Court rendered in the case of Kumari Madhuri Patil and Another Vs Additional Commissioner"
18. The learned counsel for applicant based his argument on the following Judgements/case law ::-
1. Hon'ble Patna High Court Judgement dated 03.04.2017 in CWJC Nos. 10650 of 2015 with LPA No. 1822 of 2015 (Deepak Kumar Vs The State of Bihar through the Principal Secretary, Department of Personnel & Administrative Reforms & Ors) Ors),
2. Hon'ble Patna High Court Judgement dated 17th January 2019 in the case of Narmada Dom @ Narbada Dom Vs The State of Bihar and Others.
19. Heard the learned counsel of parties, perused the records and Digitally MANORsigned by ANJAN MANORA KUMAR NJAN SINHA KUMAR SINHA considered the their submissions.
20. In the light of pleadings, materials available on record as well as the submissions advanced by learned ned counsels for both the sides, sides it reveals 9 O.A. No. 051/00230/2019 that the organization, D.R.D.O. (Defence, Research, and Development Organization) was required to fill up the five (5) posts of Senior Administrative Officer, Grade Grade-I in which one post was reserved ved for Scheduled Caste Caste. The above posts were advertised by U.P.S.C. vide Advertisement No.52/2016.
21. The applicant was working in the office of Principal Accountant General, Jharkhand (under the Ex Ex-serviceman serviceman category). He also applied for the post of Senior Administrative Officer, Grade-I Grade I in D.R.D.O. as candidate of Scheduled Caste. His name was recommended for appointment on the said post. In the course of appointment, applicant had submitted his Caste Certificate which was sent for verification. Dist District rict Administration of Bhojpur District, Bihar has submitted his report vide letter No.03252 dated 28.09.2015 stating that applicant belongs to the PAN, SAWASI, PANR caste which is recognised as Scheduled Caste.
Caste.
Circle Officer, Jadishpur, Bhojpur sent his report dated 17.02.2018 vide letter dated 189 to District Welfare Officer, Bhojpur, Ara mentioning that applicant belongs to caste TATWA and in the concerning register his name is entered as Pan UNDER O.B.C. category.
22. Further, District Welfare Officer vide his letter dated 01.06.2018 has submitted its report to District Public Grievances Officer, Bhojpur, Ara that PAN/SAWASI caste belongs to one sub sub-caste caste TANTI (TATWAN N). The caste TATWAN which was entered at Sl. No. 33 of Digitally MANORsigned by ANJAN MANORA KUMAR NJAN SINHA KUMAR Schedule-11 has been deleted fr from om the O.B.C. category and it has been SINHA entered alongwith PAN/SWASI under the Scheduled Caste category at Sl. No.-19.
19. Accordingly, the caste certificate of applicant be read as 10 O.A. No. 051/00230/2019 amended. Thereafter, the applicant sent his representation on 25.06.2018 to Chairman, rman, D.R.D.O. stating that earlier erroneous caste verification report was forwarded vide District Welfare Officer, Bhojpur, Bihar as an enclosure to its letter no. 451 dated 20.02.2018 20.02.2018, hence the he request was submitted to the District Magistrate, Bhojpur for correction of the same. On the basis of the request District Welfare Officer, Bhojpur District, Bihar forwarded corrigendum to caste verification report report, which has been enclosed to its letter no. 1289 dated 31.05.2018. Accordingly, he may be appointed on the post at the earliest.
23. Subsequently, when no action was taken by the D.R.D.O. on the above representation, the applicant approached to this Tribunal vide O.A. No. 742 of 2018 and prayed that above O.A. without entering into the merit of the case case, be disposed of with direction to the Opposite Parties Part to consider the representation dated 25.06.2018 keeping in mind the departmental rules governing the fie field.
d. In continuation, it was also directed by the Tribunal that aafter fter such consideration if the applicant's grievance is found to be genuine then the respondents are directed to consider his case for appointment and pass a reasoned and speaking order within a period of three months form the date of receipt of copy of the order.
24. In compliance of tthe he above order, the authority of D.R.D.O. has considered the representation of the applicant with detailed order which Digitally MANORsigned by ANJAN MANORA KUMAR NJAN SINHA KUMAR reads as under: -
SINHA "WHEREAS Shri Jitendra Kumar (DOB: 21 Feb 1980) S/o Shri Bhrigu Sahu was recommended by Union Public Service Commission for appointment to the post of Senior Administrative Officer Grade-1 Grade 1 11 O.A. No. 051/00230/2019 (Gp A Gazetted) in DRDO, Ministry of Defence against a vacancy reserved rved for the Scheduled Caste for the year 2015.
AND WHEREAS Shri Jitendra Kumar had produced a Caste Certificate dated 29-09-2015 2015 issued by SDO, Jagdishpur (Bhojpur) to the UPSC at the time of selection. As per the existing procedure, to confirm its veracity, ty, the same was sent to the DM & Collector, Bhojpur Bihar vide letter dated 12 Apr 2017. After several reminders, report of SDO, Jagdishpur was received through District Welfare Officer, Bihar vide their letter No. 451 dated 20 Feb 2018.
AND WHEREAS in thee report dated 17 Feb 2018, SDO Jagdishpur mentioned that as per verification of Area Officer, Shahpur, Shri Jitendra Kumar S/o Shri Bhrigu Sahu, village Shahpur, DistBhojpur belongs to 'Tatwa' caste. The caste certificate bearing No. 03252 dated 28 Sep 2015, 15, has been issued by Shahpur Office, District Bhojpur. Further they have mentioned that as per their authorized register for maintaining such records, Shri Jitendra Kumar has been recorded at Sl. No.542 dated 04.11.2015 as OBC/Caste 'Pan' AND WHEREAS on the basis of above information, the Ministry of Social Justice & Empowerment, Govt. of India was requested to clarify whether the caste "Tatwa" is included in the list of Scheduled Caste to get the benefit of reserved category.
AND WHEREAS Ministry of Social Social Justice and Empowerment, Govt of India clarified that under provision of Article 341 of the constitution, the list is notified by the orders of the President, any inclusion in the list can only be made by the Parliament. As of now, 'Tanti/Tatwa' community ty of Bihar does not figure in the list of Scheduled Castes and it appears in the Central list of OBC. It was accordingly suggested to this department that the certificate issued by SDO, Jagdishpur need not be accepted.
AND WHEREAS, thereafter, the matter was communicated to the UPSC. The Commission advised to get the matter enquired thoroughly and till such time the inquiry is over, the issue of offer of Digitally MANORsigned by appointment may be kept in abeyance. ANJAN MANORA KUMAR NJAN SINHA KUMAR SINHA AND WHEREAS, the case was thereafter again referred to the Ministryy of Social Justice & Empowerment (GOI) for seeking their advice in the matter, who clarified that "Shri Jitendra Kumar, who belongs to Tatwa Community, as per letter dated 17 Feb 2018 and 12 O.A. No. 051/00230/2019 memo dated 26 May 2018 of SDO Jagdishpur and has been issued Scheduled led Caste Certificate of belonging to Pan, Sawasi, Pan caste, cannot be deemed to belong to Scheduled Caste. He therefore, need not be appointed against the post reserved for Scheduled Castes. The Ministry of Social Justice & Empowerment further stated that, that, "since it is a service matter, Department of Personnel & Training may also be consulted in the matter."
AND WHEREAS, in view of the above, the DOP&T was requested to suggest this organization whether Shri Jitendra Kumar can be offered appointment to the post of SAO-II in DRDO against a vacancy reserved for the Scheduled Caste or his candidature on the basis of clarification received from the Ministry of Social Justice and Empowerment may be cancelled.
AND WHEREAS, in the meantime, CAT Patna (Circuit Bench Ranchi) vide order dated 14.9.2018 in OA No. 742/2018 directed UOI to consider representation dated 25.6.2018 submitted by Shri Jitendra Kumar, in connection with delay in appointment in the post of SAO-I SAO I in DRDO, in the light of departmental rules governing governing the field. After such consideration if the applicant's grievance is found to be genuine then the respondent was directed to consider his case for appointment and pass a reasoned and speaking order within a period of three months from the date of receiptt of this order.
AND WHEREAS after re-examination re examination of facts. DOPT has concurred with the views of Department of Social Justice and Empowerment as mentioned above.
NOW THEREFORE, after considering facts and circumstances related to the case, the competent authority authority has reached on the conclusion that Shri Jitendra Kumar is not fit for granting appointment on the post of Senior Administrative Officer Grade-1 Grade 1 (Gp A Gazetted) against a vacancy reserved for the Scheduled Caste. The competent authority has, therefore, re, ordered to cancel the candidature of Shri Jitendra Kumar for the post of Senior Administrative Officer Grade-I Grade I against a vacancy reserved for the Scheduled Caste." Digitally MANORsigned by ANJAN MANORA KUMAR NJAN SINHA KUMAR SINHA
25. D.R.D.O. is a government department subject to the standard laws and policies applic applicable able to the Central Government of India.
India It is under the administrative control of Ministry of Defence, Government of India. In 13 O.A. No. 051/00230/2019 other words, the service of Group 'Á' officers/Scientists directly under the administrative control of Ministry of Defence. Therefore, refore, it is governed by central list of reserved categories categories,, i.e according to provisions made under the Article 341 of the Constitution of India.
26. In the matter of appointment of applicant, the competent authority of D.R.D.O. took the consultation wi with th the Ministry of Social Justice and Empowerment on the question of caste certificate. In the above reference, the advice of Ministry of Social Justice and Empowerment is self self--
explanatory which is reproduced herein below:
below -
"As per the provisions of Article Article 341 of the Constitution, first list of scheduled Castes, in relation to a State or Union territory is by notified Orders of the President. Any subsequent inclusion in, exclusion from the said list could be made by an Act of Parliament. The list of Scheduled uled Castes is common to Central Government as well as State Government. The list of Scheduled Castes of State of Bihar was first notified on 10 August 1950 vide the Constitution (SC) Order, 1950. As of now, the Tanti/Tatwa community of Bihar does not figure figure in the list of Scheduled Caste; rather, it appears in the Central list of OBC at sl. No. 48. It has been well settled by the Supreme Court of India through a catena of judgments that entries in the list of Scheduled Castes must be read as it is. It is not ot open to make any modification in the list by producing evidence to show that though caste Á'alone is mentioned in the list , caste 'B' is also a part of caste 'A' and therefore, must be deemed to be included in caste 'A'. It is not open to State Governments, Governments, Courts or Tribunals or any other authority to modify, amend or alter the list of Scheduled Castes. The power to modify the lists only rests with the Parliament. Therefore, the members of Tanti/Tatwa caste of Bihar are not entitled to get Scheduled Caste Caste certificate in the name of other caste i.e. Pan/Swasi. The clarification furnished by SDO Digitally MANORsigned by ANJAN MANORA KUMAR NJAN Jagdishpur is not legally tenable in view of provisions of Article 341 of SINHA KUMAR SINHA and case laws on the subject.
(ii) Shri Jitendra Kumar, who belongs to Tatwa community, as per letter dated 17 Feb 2018 and memo dated 26 May 2018 of SDO 14 O.A. No. 051/00230/2019 Jagdishpur and has been issued Scheduled Caste certificate of belonging to Pan, Sawasi, Panr caste, cannot be deemed to belong to Scheduled heduled Caste. He therefore, need not be appointed against the post reserved for Scheduled castes. Since it is a service matter, Department of Personnel & Training (DOP & T) may also be consulted in the matter".
27. In the light of above, as per the argume argument nt of counsel for the applicant that in the central list of Schedule Scheduled Caste, the PAN, SAWASI, PANR mentioned at Sl. No.20 but the caste TATWA has not been included in the central list. The Government of Bihar has included the TATWA caste along with PAN and SAWASI in the list of state list of Scheduled Caste but above state list is not applicable for the D.R.D.O. which is governed by the central acts. As per the report of District Administration, Bhojpur Bihar the applicant belongs to TATWA caste. Admittedly Admittedly,, according to the report of District Administration, Bhojpur Bihar the applicant belongs to caste TATWA.
28. The judgment which has been submitted by the counsel for applicant pertains to the dispute of respective applicants with the authorities of depart department of State of Bihar, hence, ence, the same is not applicable in the present case.
29. Having considered the submissions of counsels for both the sides and as per the above discussion, we are of the considered view that the present O.A. being devoid of merit is liable to be dismissed. Digitally MANORsigned by 30. Accordingly, O.A. is dismissed. No order as to costs. ANJAN MANORA KUMAR NJAN SINHA KUMAR SINHA [Kumar Rajesh Chandra] [Justice Narendra Kumar Johri] Member (A) Member [J] Mks