- (1.) THIS writ petition is detached from S.B. Civil Writ Petition No. 4384/2007 (Ansuia Vs. State & Ors.).
(2.) THE petitioner has laid this writ petition craving for under mentioned reliefs: - It is, therefore, most respectfully prayed that this writ petition may kindly be allowed with costs and by issuance of an appropriate writ, order or direction, the impugned circular dated 13.7.2010 (annex. 3) passed by the Govt. of India, Ministry of Tribal Affairs, order dated 27.1.2012 (annex.10) passed by the Tehsildar, Jodhpur and order dated 14.2.2012 (annex.11) passed by the Sr. Regional Manager, Jodhpur LPG Regional Office, Bhagat ki Kothi, Jodhpur, may kindly be quashed and set aside. It is further prayed that the Hon'ble Court may kindly be directed to the competent authority to take appropriate action against the respondent No. 7 and punish him as per law. Any other order favourable to the petitioner may also kindly be passed." The facts which are necessary and germane to the matter are that pursuant to the advertisement issued by the Hindustan Petroleum Corporation Ltd. (for short HPCL) for HP Gas distributorship having location at Chopasni Housing Board, Jodhpur District Jodhpur, she offered her candidature as a member of the Schedule Tribe. The HPCL after considering the rival claims interviewed the respective aspirants and adjudged the petitioner suitable, and she was empanelled as first in the panel. It appears that there was some dispute regarding the social status of the petitioner, in as much as, there was a dispute regarding the fact that whether she belongs to Schedule Caste or Schedule Tribe and that being so, the incumbent i.e. the respondent No. 10 who stood second in the merit list lodged a complaint before the HPCL that the petitioner has impersonated herself as a member of the Schedule Tribe, whereas in fact, she belongs to Schedule Caste, and therefore, her name is liable to be deleted from the panel and instead the respondents may be promoted in the panel so as to allow her the distributorship at the proposed located site. Taking cognizance of the complaint lodged by the tenth respondent the HPCL acknowledged the same by forwarding the complaint as it is to the District Collector, Jodhpur for probing the matter.
(3.) THE District Collector, after thorough inquiry has found that the Caste Certificate produced by the petitioner is spurious. As per the reort of District Collector, Jodhpur petitioner belongs to the SC category and she has falsely stabbed her claim for HP Gas distributorship, by asserting that she belongs to the ST category. Pursuant to the aforesaid report and her caste Certificate was cancelled vide order dated 27.1.2012 (Annexure 10).;