JYOTI HYANKEY Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) AN advertisement was published in the Employment News dated 22-28 March, 2008 which was issued by the Union Public Service Commission on behalf of the Directorate of Indian Systems of Medicine and Homeopathy, Government of NCT, Delhi inviting applications from eligible candidates to be appointed as Medical Officer (Homeopathy). Four posts, with which we are concerned, were shown as reserved for members belonging to notified Scheduled Tribes.

(2.) THE writ petitioner applied and cleared the written examination. Since she had applied as a Scheduled Tribe candidate indicating in the application form that she was a member of 'Bhootia' tribe, when UPSC sent the Detailed Application Form to be filled up and sent to UPSC before she was interviewed, the petitioner did so; and as required by the instructions issued in the Detailed Application Form she obtained from the competent authority a certificate purporting to certify that she belonged to the 'Bhootia' tribe. The certificate bears No.3402/2004 and is dated December 30, 2004. It is this certificate which is the bone of contention between the parties.

(3.) THE certificate filed by the petitioner which she had obtained from the office of the District Magistrate Dharchula is in Hindi and its translation reads as under:-