- (1.) Writ petitioner-appellant, aggrieved by order dated 5.1.2010 passed by a learned Single Judge in Civil Misc. Writ Petition No. 71311 of 2009, has preferred this special appeal under Rule 5, Chapter VIII of the Allahabad High Court Rules. Writ petitioner-appellant (hereinafter referred to as 'the writ petitioner') was selected for appointment as Conductor by the U.P. State Road Transport Corporation against a backlog vacancy reserved for the members of the Scheduled Tribe category. By order dated 18.7.2008, his selection was cancelled on the ground that in fact he does not belong to the Scheduled Tribe category, but belongs to O.B.C. category.
(2.) He challenged the aforesaid order in the writ petition, which has been dismissed by the impugned order dated 5.1.2010. It is not in dispute that the writ petitioner was earlier granted the certificate of Scheduled Tribe, which was cancelled by the Tehsildar, vide order dated 24.4.208. The writ petitioner challenged the aforesaid cancellation order in Civil Misc. Writ Petition No. 47957 of 2008 before this Court. A Division Bench of this Court by order dated 7.4.2009, quashed the aforesaid cancellation order and directed the Tehsildar to pass a fresh order, within the time stipulated, In the light of the aforesaid order, the Tehsildar passed an order dated 4.8.2009 rejecting the claim of the writ petitioner. The writ petitioner challenged the aforesaid order by filing Civil Misc. Writ Petition No, 63246 of 2009 before this Court. The said writ petition was disposed of by order dated 24.11.2009, and while doing so, the Division Bench observed as follows: The petitioner shall file his objection before the Principal Secretary, Samaj Kalyan Vibhag, Uttar Pradesh within two weeks. Upon such an objection being filed the Principal Secretary shall convene a meeting of the Committee constituted under the Government Order dated 5th January, 1996, which shall take a final decision on the objection of the petitioner in accordance with law within two months after giving an opportunity of hearing to the petitioner. The impugned order dated 4th August, 2009, filed as Annexure 1 to the writ petition shall be kept in abeyance and shall stand substituted with the order which may be passed by the Committee.
(3.) It is the case of the writ petitioner that till date the Committee has not decided the matter. Mr. Brim Singh, appearing on behalf of the writ petitioner, submits that till date the status of the writ petitioner as a member of the Scheduled Tribe category has not been finally adjudicated and, therefore, the order of cancellation of his selection/appointment is fit to be set aside. We are not inclined to charter this course. As the claim of the writ petitioner regarding his status as a member of the Scheduled Tribe category is yet to be adjudicated, we are of the opinion that the writ petitioner was not entitled to the relief claimed in the writ petition. However, we deem it expedient, that in case the Committee takes a decision in favour of the writ petitioner and it is held that he belongs to the category of Scheduled Tribe, the respondents shall consider the claim of the writ petitioner in accordance with law, and he shall not be denied appointment only on the ground that at an earlier stage, he was found not to be a member of the Scheduled Tribe. Appeal stands disposed of with the observations aforesaid.;