1. By way of this petition, petitioner has prayed for following reliefs:
(A) set aside order dated 18.11.2000 issued by A.O., Municipal School Board, Ahmedabad providing that the petitioner's services would stand terminated if within the stipulated period certificate referred to therein is not produced;
(B) Pending admission, hearing and final disposal of the petition, to issue an interim injunction restraining the Ahmedabad Municipal School Board or any officer thereof, from discontinuing the services of the petitioner on the ground concerning his backward class status;
(C) Pass such other and further reliefs as this Hon'ble Court may be pleased to deem fit;
2. When this matter was admitted on 19.4.2001, it was ordered to be heard with Special Civil Application No.12128 of 2000. Said petition came to be decided by this Court on 27.4.2010, pursuant to the decision of this Court made in Special Civil Application No.1460 of 2000 dated 11th July, 2000, which reads as under:
“Heard the learned advocates.
2. The petitioner claims that she belongs to a Scheduled Tribe and has secured employment as Vidya Sahayak on that basis. The concerned respondent has called upon the petitioner to support her claim by producing a certificate issued by the competent authority i.e. the District Backward Classes Welfare Officer. It is undisputed that the petitioner has not obtained the necessary certificate from the District Backward Classes Welfare Officer.
3. It is submitted that the petitioner is a domicile of Ahmedabad and she has been born and brought-up in the City of Ahmedabad. She has been called upon to produce relevant materials obtaining as in the year 1950 which she is unable to do. It is also submitted that the petitioner belongs to Pasi Community which is recognized as Scheduled Tribe in the State of Gujarat also.
4. The petition has been contested by the respondent no. 1-the District Backward Classes Welfare Officer. It is stated that the forefathers of the petitioner were the resident of Uttar Pradesh and even if the said pasi community were recognized as Scheduled Tribe in the State of Uttar Pradesh, the said benefit cannot be conferred upon the petitioner. The matter at issue has been settled by the Hon'ble Supreme Court that the community recognized as Scheduled Tribe in the one State cannot claim the benefit of reservation in employment in some other state. Unless the petitioner satisfies the concerned authority about her being a Scheduled Tribe candidate in the State of Gujarat, she cannot claim the benefit of reservation in employment in the State of Gujarat nor the employment secured on the basis of such reservation can be protected.
5. The petition is, therefore, dismissed. Notice is discharged. Ad-interim relief is vacated. It is, however, clarified that the respondent no. 1 shall take into consideration whatever materials the petitioner may produce in support of her claim and if she is found to be of the Scheduled Tribe of the State of Gujarat, she be given certificate to that effect.”
3. In that view of the matter, this matter also stands dismissed. Rule is discharged. Interim relief, if any, stands vacated.
Order in Civil Application.
In view of the order passed in Special Civil Application, this Civil Application does not survive and the same stands disposed of.
(K.S.JHAVERI, J.) (ashish)