- (1.) Heard learned counsel for the petitioner. Learned Standing Counsel appears for the respondents.
(2.) By means of the present writ petition the petitioner has prayed for following reliefs:- "(i) issue a writ of certiorari or writ, order or direction in the nature of certiorari calling for record and quashing the impugned order dated 14.02.2008 and 19.03.2008 Annexure No.21 & 25 passed by respondent no.4 and 5. (ii) issue a writ of mandamus or writ, order or direction in the nature of mandamus commanding the respondents from enforcing and implementing the impugned orders date 14.02.2008 and 19.03.2008 Annexure No.21 & 25. (iii) issue a writ of mandamus or writ, order or direction in the nature of mandamus commanding the respondent no.5 to allow the petitioner to join and discharge of duties of Gram Vikas Adhikari and pay the salary admissible in law. (iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper, in the facts and circumstances of the case; (iv) to award the cost of the writ petition to the petitioner."
(3.) This Court while entertaining the writ petition passed the following order on 19.04.2008:- "The contention of the learned counsel for the petitioner is that previously Gond Caste was notified as a Schedule Caste however, by the S.C. and S.T. Orders (Amendment) Act 2002 Gond Caste was declared as a Scheduled Tribe in U.P. The State Government also in pursuance thereof issued a notification dated 3rd July 2003 and subsequently 30th September 2003 notifying Gond Caste as a Schedule Tribel. In view of the aforesaid, the petitioner was issued a caste certificate by the Tehsildar, Lalganj, District Azamgarh on 15.4.2005 certifying that the petitioner belongs to Gond Caste which is the Scheduled Tribe. On the basis of the aforesaid certificate, the petitioner applied for appointment as a Gram Vikas Adhikari in the category of ST and he was selected and appointed as such on 25.2.2008. However, by the impugned order dated 19.3.2008 petitioner's aforesaid appointment has been cancelled on the ground that the petitioner is not a candidate belonging to ST. Learned Standing Counsel prays for and is allowed six weeks time to file counter affidavit. Two weeks thereafter are allowed to the petitioner for filing rejoinder affidavit. List for admission/ final disposal on the expiry of the above period. Until further order of this Court the operation of impugned order dated 19.3.2008 (Annexure 25 to the writ petition) shall remain stayed.";