B S GAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has laid claim for promotion on the basis that he is a member of the Scheduled Caste. During the pendency of the matter, the Scheduled Caste certificate issued in favour of the appellant, was revoked by the competent authority on the ground that the appellant was not a member of the Scheduled Caste. It is alleged that the appellant has challenged the aforesaid order by filing a writ petition under Article 226 of the Constitution in the High Court of Judicature at Bombay and has also obtained a stay order. Therefore, the appellant's case may be heard on merits.

(2.) After we heard the matter, we are of the view that once the certificate issued in favour of the appellant has been revoked, the status of the appellant of being a Scheduled Caste has come under cloud. Merely because the appellant has obtained a stay order does not conclude the dispute. We are, therefore, not inclined to go into this appeal. However, it will be open to the appellant, if he ultimately succeeds in the writ petition, to take such remedy as may be available to him under law.

(3.) The appeal is dismissed. There shall be no order as to costs.