Allahabad High Court
Ajay Kumar Nayak vs State Of U.P. And 2 Ors. on 30 April, 2015
Bench: Abhinava Upadhya
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 5372 of 2015
Petitioner :- Ajay Kumar Nayak
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- K.M. Misra
Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
(C.M.Impleadment Application No. Nil of 2015)
Heard Sri K.M.Misra, learned counsel for the petitioner and Sri Ranjeet Saxena, learned counsel for the applicant.
The impleadment application has been filed to which counter affidavit has already been filed by Sri K.M. Misra, learned counsel for the petitioner submits that the applicant has no locus standi to participate in the present proceeding.
The matter be considered on merit.
The petitioner has approached this Court challenging the order of the Principal DIET cancelling his training for BTC, 2009 on the basis of caste certificate which the petitioner produced and it was cancelled subsequently by an order dated 10.10.2008 by concerned Tehsildasr, which is subject matter of challenge in Writ Petition No. 22965 of 2010. The applicant is neither a candidate for the selection of BTC nor is a candidate for being appointed as a Primary Teacher in any institution.
As such the petitioner has no interest or locus to be a party in the present writ petition, the impleadment application is rejected.
Order Date :- 30.4.2015
Ashish Pd.
Case :- WRIT - A No. - 5372 of 2015
Petitioner :- Ajay Kumar Nayak
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- K.M. Misra
Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard Sri K.M.Misra, learned counsel for the petitioner and learned Standing Counsel for the State.
The learned Standing Counsel submits that he has already filed a counter affidavit on 25.3.2015 but the same is not on record.
The office is directed to trace out the same and place it on record when the case is listed next.
Sri K.M. Misra, learned counsel for the petitioner prays for and is granted a week time to file rejoinder affidavit.
By means of this writ petition, the petitioner has come to this Court with the grievance that he was appointed as an Assistant Teacher in Primary School in 2009 on the basis of reservation quota reserved for Scheduled Tribe. The petitioner had claimed himself to be Scheduled Tribe on the basis of a caste certificate issued by the Tehsildar but upon verification, it was found on 10.10.2008 the said caste certificate was cancelled by the Tehsildar. The caste certificate was with regard to the petitioner being 'Nayak.' The question whether the Nayak caste belongs to Scheduled Tribe or not, the matter has been referred to the State Level Scrutiny Committee.
It appears that an enquiry was conducted and on 16.1.2012, the said certificate of the petitioner was restored but then again on 25.1.2012, the order by which the caste certificate was restored was recalled. The petitioner has challenged the cancellation of the caste certificate dated 10.10.2008 by means of the Writ Petition No. 8803 of 2012. In the said writ petition, no interim order has been passed.
In the mean time, on the basis of the caste certificate, the petitioner was appointed as Assistant Teacher and once it was found that the caste certificate was cancelled by the Principal DIET on account of cancellation of the caste certificate of the petitioner, the candidature of the petitioner for his selection in Special BTC Training Course, 2007 was cancelled vide order dated 10.4.2014.
Since the matter still under scrutiny before the State Government with regard to the caste certificate and the question whether Nayak is a Scheduled Tribe or not, which was earlier allowed by the Tehsildar? At this juncture the training undergone by the petitioner cannot be cancelled. However, the petitioner will not be entitled to derive any benefit out of such training if it is finally held that the said training was undergone on the basis of a certificate which the petitioner was essentially not entitled to.
The said order for cancellation of certificate is already under challenge in the writ petition, therefore, it would be proper to list this case after decision in Writ Petition No. 22965 of 2010.
List this case accordingly.
Order Date :- 30.4.2015
Ashish Pd.
