Sudhir Narain, J. - (1.) -The petitioner seeks to quash the order dated 25.4.2000 (Annexure-1 to the writ petition) passed by the respondent No. 3 whereby he has been removed from service on the ground that he had obtained a caste certificate from Rajasthan but regarding in Uttar Pradesh where on such caste certificate, he is not entitled to be appointed in service.
(2.) THE version of the petitioner is that he is a resident of Rajasthan and belongs to Mina caste. Mina caste has been notified as Scheduled Caste by the President of India as mentioned in Part 13 of the Schedule of the Constitution (Scheduled Tribes) Order, 1950, wherein item No. 9 Mina community has been shown as Scheduled Tribe. Respondent No. 3 advertised certain posts of Apprentice Development Officer. The petitioner along with other candidates applied on 2.2.1999 for the said post. He was called for a written test and interview. He was selected and was appointed on 23.7.1999 under the Scheduled Tribes quota. He was posted at Agra on 26.7.1999. Certain complaints were made against him that as he was a resident of Rajasthan and belongs to Mina community which is taken as a Scheduled Tribe in Rajasthan but he has taken appointment in Uttar Pradesh where Mina community is not recognised as a Scheduled Tribe. It was alleged that the appointment of the petitioner was illegal. Respondent No. 3 taking the view that Mina community has not been declared as a Scheduled Tribe in Uttar Pradesh, he is not entitled to continue and passed the impugned order removing him from service. The question is whether the petitioner, on the basis of the certificate of Scheduled Tribe in the State of Rajasthan, is entitled to be appointed in Uttar Pradesh in respect of the post of Apprentice Development Officer of the Life Insurance Corporation. There is no dispute that the petitioner belongs to Mina community of State of Rajasthan.
(3.) DR. R. G. Padia, senior counsel for the respondents, submitted that under Article 342 of the Constitution, the President, by notification specifies the Tribes or Tribal communities or parts of or groups within Tribes or Tribal communities for the purpose of the Constitution be taken as Scheduled Tribes in relation to that State or Union Territory, as the case may be but he cannot be treated as Scheduled Caste/Scheduled Tribe in another State. The President, in fact, has notified certain Tribes as Scheduled Tribes of Rajasthan, which have been mentioned in part 13 of the Schedule of the Constitution (Scheduled Tribes) Order, 1950. Mina community has been shown as Scheduled Tribe under item No. 9 of part 13 of the said Schedule. It is contended that if a candidate is a Scheduled Tribe in a particular State, such candidate may not be treated as Scheduled Tribe in other States unless he is specified as Scheduled Tribe in that State also. He has placed reliance on two decisions of the Apex Court, namely, Marri Chandra Shekhar Rao v. Dean, Seth G. S. Medical College and others, (1990) 3 SCC 130 and Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and another v. Union of India and another, (1994) 5 SCC 244.;