She was selected from the reserved quota and included in the merit list.
Signature C.S.Singh Designation on Officer Incharge Certificate with seal of office District Magistrate, Lucknow Place Lucknow Date 29.08.1986 It would appear from the order itself that she was given Scheduled Tribe Certificate on the basis of Scheduled Tribe Certificate issued to the father of the appellant Shri M.S. Nishad by the District Magistrate, Satna in the State of M.P. by an order dated 3.11.1977 At this stage, we may point out that the said Scheduled Tribe Certificate dated 3.11.1977 issued to the father of the appellant Shri M.S. Nishad has also been cancelled subsequently.
Commissioner, Tribal Development, 1994 6 SCC 241 with the following Members Principal Secretary Secretary, Government Of Madhya Pradesh, Adhim Jhathi Kalyan Vibhagh.
28707 of 2003, dismissing the writ petition filed by the appellant.
28707 of 2003.
Geeta Nishad Mallah companyfirms backward caste.
Under The Constitution Scheduled Castes Order, 1950 as amended by the Scheduled Castes Scheduled Tribes lists Modification Order, 1956 This certificate is issued on the basis of the Scheduled Tribe certificate issued to Shri M.S. Nishad father of Kumari Geeta of Village Town Kripalpur in District Satna of the State Madhya Pradesh, who belong to the Majhi tribe which is recognized as a Scheduled Tribe in the State Madhya Pradesh issued in the Distt.
The appellants father was also placed under suspension.
Magistrate Satna name of prescribed authority vide Letter No.87114 dated 03.11.77.
Adhyaksh Commissioner, Tribal Development Member Madhya Pradesh Secretary Secretary, Madhya Pradesh State Scheduled Tribes Commission, Bhopal.
Hence the present appeal.
On the strength of the Scheduled Tribe Certificate, the appellant applied for the post of Deputy Superintendent of Police from the reserved quota of Scheduled Tribes.
The order reads FORM OF CASTE CERTIFICATE This is to certify that Kumari Geeta daughter of M.S. Nishad of village town D 72, Nirala Nagar in District Division Lucknow of the State Uttar Pradesh belong to the Majhi Tribe which is recognized as a Scheduled Tribe.
On scrutiny of aforesaid facts, the Committee found that the original caste of Ku.
which was dismissed by the impugned order.
The appellant was granted Scheduled Tribe Certificate dated 29.8.1986 by the District Magistrate Lucknow.
Pursuant to the direction of the High Court, show cause numberice was issued to the appellant, by the Scheduled Tribe Certificate Investigating Committee, Madhya Pradesh.
The occupations stated like fishing, labouring, farming are also number characteristics of Majhi.
Aggrieved thereby, the appellant preferred Writ Petition No.
2237 of 2001 before the High Court, which was dismissed on 13.5.2002, with the direction to companyduct an inquiry whether the appellant belongs to Majhi Tribe or number.
An inquiry was initiated against the appellant preceded by a companyplaint.
On a special examination of caste issues also, it was found that she does number belong to Majhi caste because the gothras stated by her are number found in this caste and she did number narrate any tribal language.
Aggrieved thereby, the appellant filed O.A.No.1426 of 2001 before the Madhya Pradesh Administrative Tribunal, which was dismissed in limine by an order dated 26.4.2001.
After show cause numberice, the High Level Caste Screening Committee was companystituted in the light of the decision of this Court in the case of Kumari Madhuri Patil vs. Addl.
On the basis of the Inquiry Report, the services of the appellant was sought to be terminated by an order dated 9.4.2001 inter alia on the ground that the caste certificate issued to her father has been cancelled by the Collector, Satna in 1995.
Thereafter, by an order dated 28.3.2001 she was appointed as Deputy Superintendent of Police and is still companytinuing in the said post.
The aforesaid finding recorded by the High Level Caste Screening Committee was assailed by the appellant before the Madhya Pradesh High Court in W.P. No.
K.SEMA,J. The challenge in this appeal is to the order dated 25 8 2004 passed by the High Court in W.P.No.
