- (1.) Heard Shri R.S. Ram, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
(2.) Petitioner was issued a caste certificate by respondent no. 3, Tehsildar, Sadar, district Ghazipur certifying that he was a member of 'Kharwar' community, which has been declared as scheduled tribe. The petitioner was an applicant in pursuance to an advertisement issued for the vacancy of 'Sangrah Anushewak' and was selected by the selection committee for appointment on the said post. District Magistrate/ Chairman of the selection committee vide letter dated 14.09.2007 required respondent no. 3 to issue appointment letter to the selected candidates after verification of their testimonials. It appears that in pursuance to the same, the caste certificate submitted by the petitioner was sent for verification vide order dated 29.12.2007 passed by Tehsildar, the same was cancelled. Petitioner challenged the said order by filing Writ Petition No. 23980 of 2008, which was allowed by a Division Bench of this Court vide judgment and order dated 13.05.2008 by passing the following order. "We have gone through the order and perusal whereof makes it clear that no opportunity of hearing was afforded to the petitioner before passing the impugned order. We, therefore, quash the impugned order dated 29.12.2007 and allow this writ petition. However, it is open to the respondents to pass fresh order in accordance with law after affording opportunity to the petitioner."
(3.) In compliance to the aforesaid order passed by this Court, respondent no. 2, District Magistrate, Ghazipur considered the representation made by the petitioner and vide order dated 26th February, 2009 held that the petitioner was 'Kahar' by caste, which belongs to backward caste and there was no justification to issue a certificate of 'Kharwar' caste, which is a Scheduled Tribe caste.;