Anjan Kumar v/s. Union of India
- Bijan Ghosh
- May 22, 2020
Content :
Shri Anjan Kumar, the appellant, who was the offshoot of the wedlock of Shri Lakshmi Kant Sahay, Gaya, State of Bihar and Smt. Angela Tigga who belongs to Scheduled Tribe community of Oraon Tribe, State of Madhya Pradesh. On 7th August, 1992 by an order Scheduled Tribe certificate was issued to the appellant by S.D.M., Gaya on the ground that the mother of the appellant belongs to a recognized Scheduled Tribe family in Madhya Pradesh. The appellant appeared before the Civil Service Examination in 1991 conducted by the Union Public Service Commission claiming himself to be the Scheduled Tribe candidate and he had passed the written test but could not qualify in the interview. Appellant again appeared before Civil Service Examination in the year 1992 and he passed the written examination. He was called for an interview in 1993. After the result of the successful candidates was published, he stood at 759th rank in order of merit. He was also allotted Indian Information Service, but he did not receive any final posting order, which had resulted in filing many representations to the Union of India. In one of representations dated 14th September, 1994 the appellant also stated that he belongs to the Scheduled Tribe category and his sub-caste is Oraon.
When the appellant did not receive any positive response from the respondent side, he filed an Original Application before the Central Administrative Tribunal, Principal Bench, New Delhi, inter alia, seeking direction to the Union of India to allow the appellant to join training. On 9th November, 1994,the Union of India conveyed to the Tribunal that the appellant has not been brought up in tribal environment and his father is a non-tribal. So, he cannot be treated as a Scheduled Tribe. By direction of the Tribunal, the Union of India conducted the enquiry into the question whether the appellant belongs to Scheduled Tribe community. The report was submitted on 26th June, 1995 and the enquiry report was against the appellant. After examining the enquiry report submitted, the Tribunal dismissed the Original Application by an order on 12th December, 1995. Aggrieved by the decision of the Tribunal the appellant filed a Writ Petition before the High Court of Madhya Pradesh, inter alia, challenging the enquiry report on the allegation of violation of the principles of natural justice in as much as no opportunity of hearing had been accorded to the appellant. On 22nd January, 1999; the learned single Judge of the High Court after perusing the records and the enquiry report, dismissed the Writ Petition by order. After that the appellant filed an unsuccessful appeal before the Division Bench, which was also dismissed by the L.P.A. bench on 3rd December 1999.
