- (1.) THIS petition has been filed by petitioner for writ of Mandamus commanding respondents to permit the petitioner to join on the post of Constable.
(2.) I have heard Sri Sumit Kumar Srivastava, learned counsel for the petitioner and Sri B.K. Kuldeep, learned Standing Counsel.
(3.) IT appears that petitioner applied for the post of Constable in the category of Scheduled Caste. He was successful in the selection under the reserved category quota. His name was at Serial No.2 in the list. His selection has not been disputed by the respondents. Sri Shashi Shekhar Dixit, Assistant Commandant in his counter affidavit has admitted that petitioner was selected as Constable at 9th Battalion P.A.C., Moradabad. But in dispute is the Government Order dated 10th October, 2005 under which petitioner was issued caste certificate as certain castes of Backward Class Category were included as Scheduled Caste. Petitioner, who is 'Kahar' by caste, became entitled to the benefit of the Government Order dated 10.10.2005. Respondents, however, did not permit petitioner to join on account of interim order passed by Division Bench of Allahabad High Court in Writ Petition (PIL) No. 76922 of 2005. Vide interim order dated 20.12.2005, operation of the notification dated 10th October, 2005 was stayed. Acting in pursuance of the above interim order, a Government Order was issued intimating the interim order passed by this Court. In pursuance of this Government Order, Tehsildar held that presently Kahar caste is not included in the Scheduled Caste but it is Backward Caste. Relevant paragraph of the letter dated 20th September, 2006 sent by the Tehsildar, Sadar, Pratapgarh to Assistant Commandant of P.A.C. is being reproduced below: - "XXX XXX XXX";