The question raised before this Court in this writ petition is that the petitioner had applied for Lower Subordinate Services for appointment under the Combined Lower Subordinate Examination in the year 2004/06 which was conducted by the U.P.Public Service Commission. The petitioner had filled her candidature as Scheduled Tribes candidate on the strength of the certificate issued by the Tehsildar dated 13.1.2009.
It appears that the petitioner participated in the selection and was also cleared. However, after clearing the examination the U.P.P.S.C. asked the petitioner to furnish a caste certificate in the prescribed form. For that the petitioner again approached the Tehsildar but the Tehsildar refused to grant the same and recommended it to the State Scrutiny Committee on 12.9.2012 stating therein that the petitioner does not belong to a Scheduled Tribes and in fact she is a Brahmin and, therefore, the matter to be decided by the Committee where the matter is said to be still pending.
The urgency in this writ petition is that pursuant to the aforesaid selection now the appointments are going to be made in February, 2014 and, therefore, the claim of the petitioner be also considered as her caste certificate has not yet been cancelled by the appropriate authority.
The matter requires consideration.
Learned Standing Counsel appearing for the State-respondents and the learned counsel appearing for the U.P.Public Service Commission-respondent no.3 may file counter affidavit within two weeks. The petitioner shall have one week thereafter to file rejoinder affidavit.
List thereafter.
In the meantime it is provided that if any selection is made, the candidature of the petitioner should not be treated as cancelled as this view has been expressed by a Division Bench also in Writ Petition No. 37947 of 2013 vide its interim order dated 17.7.2013 which writ petition is still pending.
Order Date :- 13.2.2014 SKM