Yashwant Varma, J. - (1.) HEARD Sri H.P. Dubey, learned counsel appearing in support of this petition and Sri Ramendra Pratap Singh who has appeared for the contesting respondents. Consequent to the exchange of affidavits this petition with the consent of learned counsel for parties has been taken up for final disposal.
(2.) THE petitioner lays challenge to an order dated 7 May 2007 passed by the second respondent. The order impugned proceeds to hold that the petitioner was not a member of a Scheduled Tribe and that consequently the appointment accorded to him on the assumption of him being a member of a Scheduled Tribe was incorrect and that the petitioner was therefore not eligible to apply for or be appointed to the said post. As a consequence of the above, the second respondent has proceeded to terminate the services of the petitioner. The undisputed facts which appear from the record are that the New Okhla Industrial Development Authority issued an advertisement on 27 May 2003 for appointment of Beldars. The advertisement reserved two posts for Scheduled Tribes. In response to the above advertisement the petitioner also applied and participated in the selection process. The petitioner was called for an interview on 16 June 2003 and upon being declared selected was appointed on 28 June 2003. He is stated to have joined the post of Beldar under the Authority on 5 July 2003 and continued to function as such.
(3.) ON 7 March 2007 a show cause notice was issued by the Authority calling upon the petitioner to explain why the irregular appointment made in his favour be not declared as void and consequently set aside. The basis for the notice to show cause was that the caste certificate which had been presented by the petitioner had not been issued from the State of U.P. and that consequently the petitioner had concealed material facts and had applied for the post even though he was not eligible. Responding to the notice the petitioner submitted a reply on 16 March 2007 in which the following contentions were taken: (a) the Caste Certificate was dated 20 September 1998 and had been issued by the Tehsildar, Dehradun at a time when the said territory continued to be a part of the State of U.P.; (b) The State of Uttaranchal subsequently came to be created by bifurcation of certain territories of the State of U.P.; (c) the petitioner while responding to the advertisement and filling up the application form had clearly disclosed his permanent address as being Village Matakmajri, Post Office Kulhal, District Dehradun, Uttaranchal - 248148; (d) The advertisement did not restrict applications to be submitted only by permanent residents of the State of U.P. Accordingly, it was prayed that the proceedings by dropped. On 7 May 2007, the second respondent proceeded to pass the impugned order by holding that on 6 June 2002 the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) (Amendment) Ordinance, 2002 came to be promulgated and that the caste of the petitioner did not find mention in the said notification. Accordingly the second respondent as noted above held that the petitioner was not eligible for the post and consequently terminated his services.;