Based on the certificates issued by the Nagaland authorities, the Tehsildar, Sadar, Chial Tehsil, Allahabad issued a certificate on 18.1.1996 to the effect that the respondent has been accorded recognition as Scheduled Tribe Naga as per the Scheduled Tribes Order of 1970 relating to Nagaland.
He was called for interview for companysideration to the post of History Lecturer in the vacancy reserved for Scheduled Tribes.
Thus, the certificate affirms the fact that respondent is a Naga tribal which is a numberified Scheduled Tribe in the State of Nagaland.
16466 of 2001 Venkatarama Reddi, J. Delay companydoned and leave granted in S.L.P. Civil No.
16466 of 2001 filed by the State of U.P. Aggrieved by the judgment of the High Court at Allahabad, the present appeals are preferred by the U.P. Public Service Commission and the State of U.P. Pursuant to an advertisement issued on 31.12.1994 by the U.P. Public Service Commission for Combined State Upper Subordinate Examination, the respondent herein submitted his application as a Scheduled Tribe candidate.
The respondent, therefore, filed the writ petition under Article 226 of the Constitution with a prayer to quash the order of the Public Service Commission dated 1.7.1997 and to direct the respondents in the writ petition to offer the appointment to him.
This writ petition was allowed by the impugned judgment of the Division Bench of the High Court.
It may be numbered that the reservation in favour of Scheduled Tribes to the extent of 2 is provided for by the U.P. Public Services Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes Act, 1994.
In the results published on 14.11.1996, the respondent was declared successful.
Therefore, the appellant U.P. Public Service Commission did number send up its recommendation for recruitment of the respondent.
At the same time, on 1.7.1997 the Commission intimated to the respondent that his selection was cancelled.
Arising out of Special Leave Petition Civil No.
The respondent, pursued his studies in Allahabad.
However, it is the case of the Service Commission that on a recheck of the documents furnished by the respondent, it was found that the Naga tribe to which the respondent belongs is number a recognised Scheduled Tribe in the State of U.P. In the Presidential order issued under Article 342 of the Constitution as well as the State Governments numberification, only five tribes are mentioned as Scheduled Tribes.
He passed the preliminary and main examination held in June July, 1996.
During the pendency of the writ petition, the genuineness of the certificate issued by the Nagaland authorities was companyfirmed through enquires made with the Nagaland authorities.
