Sudhir Agarwal, J. - (1.) Heard Sri G.K. Singh, learned Counsel for the Petitioner and learned Standing Counsel for the Respondents.
(2.) The Petitioner's appointment on the post of Constable in U.P. Police Force has been cancelled vide order dated 08.08.2007 passed by he Senior Superintendent of Police, Allahabad stating that the Petitioner was selected and appointed as a candidate of other backward class but his caste certificate has been cancelled by Tehsildar Madhuban, District Mau vide order dated 24.07.2007 hence it goes to vitiate his entire selection and appointment and his appointment is being cancelled. Both these orders are impugned in this writ petition.
(3.) It is not disputed by learned Counsel for the Petitioner that on 23.04.2003 he was issued caste certificate by Tehsildar Madhuban, District Mau verifying that the Petitioner belong to caste 'Sheikh' which is in other backward class category in the notification issued by the Government and, therefore, is in other backward class category. It is pursuant to this certificate the Petitioner was considered as other backward class candidate and in the merit of respective category he was selected and appointed. Later on Tehsildar Madhuban, District Mau found that the caste 'Sheikh' is not a caste notified under the Government notification as other backward class and under a mistake of fact the certificate was issued hence he cancelled the caste certificate vide order dated 24.07.2007. Pursuant whereto the Petitioner's appointment has also been cancelled vide order dated 08.08.2007. Learned Counsel for the Petitioner could not dispute that by notification dated 2 31.05.1998 under Item 62 the categories which were declared to be other backward class are as under: ...[VERNACULAR TEXT COMITTED]...;