ORDER Heard counsel for the parties. 2. The petitioner is aggrieved by the order contained in Memo dated 12th April 2007 issued by the Sub Divisional Officer, Bokaro whereby his application for grant of caste certificate has been rejected on the ground that he was not able to submit the required documents such as caste certificate and copy of the Khatiyan. The petitioner has also prayed for consequential order upon quashing of the impugned order to direct the respondents to issue caste certificate to the petitioner of caste to which he belongs i.e. 'Dusadh' which is scheduled caste notified by the Presidential Notification in the State of Jharkhand as well. 2. According to the petitioner, his father was employed at Bokaro Steel Plant since the year 1971 and has retired on 31st August 2002 from Bokaro. Father of the petitioner owns a residential house at Mouza Chas, R.S. Plot No. 6701 under thana no. 30 which was purchased by him on 19th July 1978 through a registered sale deed. The petitioner was born at Bokaro on 25th June 1976 and a certificate to that effect including that of his sisters, was issued by the Steel Authority of India Limited (SAIL) on 22nd December 2004 as well. The petitioner passed his secondary school examination from the Bihar School Examination Board from the BSL Higher Secondary School, Sector-IV, Bokaro Steel City in the year 1992 and thereafter, passed the senior school certificate examination in the year 1994 from Bokaro. Thereafter, the petitioner pursued higher studies at Regional Institute of Education, Rourkella under Utkal University. According to the petitioner, earlier a caste certificate was issued by the Block Development Officer, Chas which is contained at annexure-11 dated 4th July 1992 showing him to be a member belonging to the scheduled caste 'Dusadh'. 3. The petitioner had earlier approached this court when his request for grant of caste certificate was not been considered by the respondent authorities at Bokaro after bifurcation of the parent State of Bihar and the creation of the successor State of Jharkhand. 3. The petitioner had earlier approached this court when his request for grant of caste certificate was not been considered by the respondent authorities at Bokaro after bifurcation of the parent State of Bihar and the creation of the successor State of Jharkhand. The said writ petition being WPC No. 1126/07 was disposed of directing the Sub Divisional Officer, Chas to consider the petitioner's representation and pass an appropriate order in accordance with law, within a stipulated period and if it is found that he belongs to the caste 'Dusadh' as claimed by him, and there are no impediment in issuing the caste certificate, the concerned respondent shall issue the required certificate in his favour, within a further stipulated time. Thereafter, vide annexure-15 petitioner was asked to produce documents such as new caste certificate issued by the Circle Officer / Block Development Officer and a copy of the Khatiyan by communication dated 28th March 2007 issued by the Sub Divisional Officer, Chas (Respondent No. 4). The petitioner thereafter filed his detailed reply to the same vide annexure-16 on 30th April 2007 stating all these facts and also bringing to his notice that earlier, caste certificate was issued by the Block Development Officer, Chas on 4th July 1992 itself for same caste. However, it is stated on behalf of the petitioner that in the meantime, he faced the selection process conducted by the JPSC for appointment of Lecturer in different universities of the State of Jharkhand and he was selected and appointed at Sahibganj College, Sahibganj in the subject of Zoology, a copy of the notification no. 91/08 is annexed as annexure-19 issued by the Sidhu Kanhu Murmu University, Dumka. According to the petitioner, authorities of the respondent university being respondent nos. 5 to 7 are also asking for the caste certificate which has now been illegally denied by the impugned order contained at annexure-20 dated 12th April 2007 on the same ground that he has not been able to produce two documents i.e. caste certificate and copy of the Khatiyan. The petitioner has relied upon the judgment of the Division Bench of this Court rendered in the case of Madhu vs. State of Jharkhand & others in W.P.(S) No. 3846/2010. The petitioner has relied upon the judgment of the Division Bench of this Court rendered in the case of Madhu vs. State of Jharkhand & others in W.P.(S) No. 3846/2010. According to the petitioner, the very circular dated 22nd August 1985 issued by the Home Ministry, Government of India which has been been relied upon by the respondents in their counter affidavit, were taken into account by the Division Bench of this court. It is further submitted that by the said judgment, the learned Division Bench of this court directed the respondents to issue caste certificate to the petitioner concerned who also was born at Bokaro prior to the creation of the State of Jharkhand and belonging to the scheduled caste which is notified in the State of Jharkhand. It is further submitted that this court while delivering judgment, had also taken into account the provisions of Bihar Reorganization Act, 2000 as also the judgment rendered in the case of Sudhakar Vithal Kumbhare vs. State of Maharashtra [ (2004) 9 SCC 481 ] to hold that it was not a case of migration but an eventuality created because of the administrative reasons leading to the bifurcation of the original State of Bihar and its reorganization leading to creation of the new State of Jharkhand, which should not disentitle the concerned person of the caste status which also exist in the successor State as per the Presidential Notification. 4. Respondents have appeared and filed their counter affidavit in which they have justified issuance of the impugned order on the reasons stated therein and have also relied upon the circulars issued by the Personnel, Administrative Reforms and Rajbhasa Department dated 18th October 2005 and 29th April 2005 respectively relying upon the guidelines issued by the Ministry of Home, Government of India, vide letter dated 22nd August 1985. As per the said communication and letters issued by the Personnel, Administrative Reforms and Rajbhasa Department, Government of Jharkhand, scheduled caste / tribe person who has migrated from the State of origin to some other State for the purpose of seeking education, employment, etc. will be entitled to derive benefits from the State of origin and not from the State to which he has migrated. 5. I have heard counsel for the parties and gone through the relevant materials on record and judgment rendered by the Division Bench of this court. will be entitled to derive benefits from the State of origin and not from the State to which he has migrated. 5. I have heard counsel for the parties and gone through the relevant materials on record and judgment rendered by the Division Bench of this court. From the facts which have been brought on record, it appears that the petitioner's father was an employee of the Bokaro Steel Limited for the period 1971 to 2002 and retired from Bokaro Steel Plant after creation of the State of Jharkhand on 15.11.2000. The petitioner was born at Bokaro in the year 1976 and certificate to that effect has also been issued by the Steel Authority of India Limited which is contained at annexure-3. The petitioner thereafter completed his school education from Bokaro and was also granted caste certificate for the scheduled caste 'Dusadh' by the Block Development Officer, Chas, Bokaro on 4th July 1992. The said caste certificate however was not recognized by the authorities after creation of the State of Jharkhand and his application for issuing of a fresh caste certificate was not being entertained or considered leading him to move this court in WPC No. 1126/07 and in contempt application vide Cont. Case (Civil) No. 476/07. That writ petition was disposed of directing the respondents to take a decision in accordance with law within a stipulated period and issue a caste certificate in his favour if there are no impediment in issuing the same. The said certificate has thereafter been refused by the impugned order dated 12th April 2007 on the ground that the petitioner has failed to produce the new caste certificate and a copy of the Khatiyan. The petitioner has been approaching the respondents for issuing of a fresh caste certificate and the Sub Divisional Officer surprisingly has asked the petitioner vide annexure-15 to produce new caste certificate and a copy of the Khatiyan. 6. These issues have attracted the attention of the court in the identical case in the case of Madhu vs. State of Jharkhand (supra) wherein contentions raised by the present respondents were also raised in the said writ petition relying upon the circular of the Ministry of Home, Government of India of the year 1985. Respondents herein have also made out a case that the petitioner was not entitled to the benefits of migratee of the original State. Respondents herein have also made out a case that the petitioner was not entitled to the benefits of migratee of the original State. In these circumstances, this court after discussing the provisions of Bihar Reorganization Act, 2000 and section 23 thereof in the context of the Presidential Notification and also the judgment rendered in the case of Sudharkar Vithal Kumbhare (Supra) which dealt in similar circumstances resulting out of bifurcation and reorganization of the State of Maharashtra, had found that the instant case is not a case of migration, rather it is a case resulting out of reorganization of the parent State and the petitioner has been born and brought up in Bokaro and having enjoyed the benefits of caste certificate of the scheduled caste 'Dusadh' and she was entitled to the status of scheduled caste which is also recognized under the notification of the President of India in the State of Jharkhand. Facts of the present case being identical and the issues raised herein above, having been squarely considered by the Division Bench of this court in the case of Madhu (supra), the impugned order dated 12th April 2007 issued by the Sub Divisional Officer, Bokaro refusing to grant caste certificate of 'Dusadh' which is a scheduled caste in the State of Jharkhand, cannot be countenance and is accordingly set aside. In view of the facts which have been stated herein above, the petitioner is entitled to be treated as the person belonging to the scheduled caste and to receive the certificate from the respondent. The writ petition is allowed in the aforesaid terms. The petitioner may move before the respondent authorities including the respondent university authorities in view of what has been observed by the court herein above. Petition allowed.