Himanshu Kumar Gond vs State Of U.P. And Others
2014 Latest Caselaw 7717 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 31
 

 
Case :- WRIT - A No. - 29415 of 2009
 
Petitioner :- Himanshu Kumar Gond
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- L.P. Singh
 
Counsel for Respondent :- C.S.C.,Awadhesh Kumar Saxena
 

 
Hon'ble Abhinava Upadhya,J.

Supplementary affidavit  and rejoinder affidavit filed today, are taken on record. 

By means of this writ petition the petitioner has challenged the order dated 9.3.2009 passed by the Tehsildar and order dated 28.3.2009 passed by the Assistant Regional Manager, U.P.State Road Transport Corporation, Bareilly.

The grievance of the petitioner is that he was issued a caste certificate of 'Gond'  pursuant to an Amendment Act 2002 (No.10 of 2003) in which the petitioner, who belongs to District Ghazipur has been declared to be Scheduled Tribes being a 'Gond'. On the basis of the aforesaid caste certificate the petitioner applied for appointment in the Corporation  and was appointed under the category of Scheduled Tribes. The Corporation upon verification with regard to the genuineness of the  Caste Certificate issued by respondent no.3 it was found that respondent no.3 by order dated 9.3.2009 has cancelled the Caste Certificate holding that the petitioner does not belong to 'Gond Category'  and, therefore, not a Scheduled Tribes. 

Since the question of cancellation of Caste Certificate is concerned, I am informed at the Bar  that the matter is cognizable by a Division Bench. 

List this matter before the appropriate Division Bench in the next cause list.

Order Date :- 27.10.2014

SKM