1997 INSC 0454
                                                      Ramavatar

                                                           Vs

                                             State of Bihar and Others

                                       Civil Appeals Nos. 2951-52 of 1997

                                                      07.04.1997

                                                        ORDER

1. Leave granted.

2. The appellant claims for promotion as Engineer-in-Chief on the basis of a Scheduled Tribe status.
In the judgment in Major Yogendra Narain Yadav v. State of Bihar the right of the person has been
determined. In this case, the question that arises is whether the appellant really belongs to Scheduled
Tribe. With a view to find the genuineness of the status as Scheduled Tribe, we had directed the
petitioner to file genealogy table of his family history. It is now admitted in his affidavit that the
family of the appellant hails from Bilaspur, Madhya Pradesh. He claims that his forefathers had
migrated to Bihar and that the appellant had got his education there and had obtained the certificate
also from the District Magistrate, Patna. Admittedly, none of his forefathers had been granted any
such certificate. The family history, as stated in the affidavit indicates as under :

# "GENEALOGY Late Chilbili Sah | Late Chintaman Sah | Late Him Sah | |------------------------|------
-----------------| | | Late Tulsi Sah Late Janki Sah Late Mahabir Sah | |-------------------------|---------------
--------| | | | Ram Avatar Kaushalya (Widow) Laxmi Narayan (Son) (Daughter) (Son) | | |--------------- -
--------------- ------------------Married with Married with late Married to Bagaha,Yashoda Devi Ara
Ganga Pd., Patna District Bettiah, OldDistrict, Old District MotihariShahabad District | | | | | | --------
---------------------------- | | | | | Rashmi Bala Ushmi Bala Abhijit | (Daughter) (Daughter) (Son) | ... All
are married ... |----------------------------------------------------------------------Shashi Bala Nishi Bala Rishi
Bala Pawan Kumar(Daughter (Daughter [Daughter (Gond son married to married to married to
unmarried)O. P. Gond, Raghunath Birendra SahPatna City, Manjhi Lasia JharsugudaPatna) P.S.E.
Kurrudeg in Sambhalpur in Semdega in District Ranchi District presently now Gumla Jharsuguda
District) (Orissa)]-------------------------------------------------------------------------------------------------------
---------------------------------------Suman Kumar Sandhya Pragati Gond Raman Kumar(Son unmarried)
(Daughter (Daughter (Son unmarried) married married to in Chapra Ajay Kr., District Patna)
presently Gopal-ganj District)-----------------------------------------------------------------------##

3. A reading of this family history indicates that his claim as Scheduled Tribe is not only highly
doubtful but beyond comprehension to believe that he is eligible for the same. Under the
circumstances, we do not find any substance to interfere with the order of the High Court. However,
it would be open for the appellant to be entitled to compete as a general candidate.

4. The appeals are accordingly dismissed but without any order as to costs.