Jitendra Prasad vs Union Of India & Ors
2021 Latest Caselaw 1900 Cal

11.03.2021
Item No. 34
Ct. No. 04
PG


                              M.A.T. 1014 of 2017
                                             r




                                Jitendra Prasad
                                       Vs.
                              Union of India & Ors.


              Mr. Achin Kumar Majumdar
              Mr. Pratik Majumder......for appellant

              Mr. Sanajit Kr. Ghosh
                                  ......for respondents

Mr. Ghosh, learned advocate appears on

behalf of respondents and submits, admitted fact is

that reservation for the post, in which appellant was

recruited, was for Scheduled Tribe. Mr. Majumdar,

learned advocate appearing on behalf of appellant

submits, that is so.

Only thing that remains to be ascertained,

for adjudication of this appeal, is whether appellant

could have duly obtained the certificate dated 21 st

April, 1976, which certifies he belongs to Scheduled

Caste/Scheduled Tribe under the Constitution

Scheduled Caste/Scheduled Tribe, List (Modification)

Order, 1956 read with Scheduled Caste/Scheduled

Tribe (Amendment) Act, 1956.

We require the order and Act as additional

evidence to enable us to pass judgment. There is no

allegation that the certificate is fabricated or brought

into existence for purpose of appellant being recruited

in the said reserved post. We understand

respondents' opposition in the appeal to be, appellant

not being a member of Scheduled Tribe, obtained and

produced a certificate saying so, to wrongfully be

recruited.

List on 23rd March, 2021.

(Arindam Sinha, J.)

(Suvra Ghosh, J.)