- (1.) REJOINDER affidavit filed today is taken on record.
(2.) BY means of this writ petition the petitioner has come to this Court challenging the order dated 14.12.2009 by which the appointment of the petitioner on the post of Village Panchayat Officer has been cancelled.
(3.) THE ground for cancelling the appointment is that the posts were advertised to fill up backlog vacancies of reserved category. The petitioner had applied under the category of scheduled tribe being 'Kharwar' by caste along with a caste certificate dated 29.8.2005 issued by a competent authority. It appears that after appointment of the petitioner an inquiry was made and the S.D.M., Ghazipur submitted its report dated 14.12.2007 holding that the petitioner is not a scheduled tribe but belongs to backward class and on such a report appointment of the petitioner has been cancelled by the order impugned. Learned counsel for the petitioner submits that the caste certificate issued by a competent authority has not yet been cancelled, yet the petitioner's appointment has been cancelled. It is further submitted that the petitioner again applied for fresh caste certificate dated 24.8.2013, which has been filed as Annexure RA -2 to the rejoinder affidavit, which also declares the petitioner as scheduled tribe. According to the learned counsel for the petitioner, merely upon report of the S.D.M. the appointment of the petitioner has been cancelled whereas in fact the caste certificate issued by a competent authority is still intact, as such, there was no basis for relying on such a report.;