LAWS(GJH)-2000-8-53

GIRDHAR C KORU Vs. MANAGING DIRECTOR

Decided On August 25, 2000
Girdhar C Koru Appellant
V/S
MANAGING DIRECTOR Respondents

JUDGEMENT

(1.) Learned advocates Mr. Pancholi appearing for the petitioner and Mr. B.R Gupta appearing for the respondent no. 1 are not present on call. Heard learned AGP Mr. Premal Joshi for the respondents no. 2 & 3.

(2.) The Gujarat State Handloom Development Corporation Limited, the respondent no. 1 herein [hereinafter referred to as, `the Corporation'] had on 13th July, 1989 published an advertisement inviting the applications from eligible candidates belonging to Scheduled Tribes for the post of Deputy Manager [Purchase & Processing]. Pursuant to the said advertisement, the petitioner made an application. By communication dated 15th September, 1989, the petitioner was called to remain present for interview on 19th September, 1989. Though the petitioner was the only applicant present for interview and though he was eligible, he was not selected, instead a fresh advertisement was published on 25th September, 1989. Upon inquiry, the petitioner learnt that the petitioner was not considered to be a Scheduled Tribe candidate. Feeling aggrieved, the petitioner has preferred the present petition.

(3.) It is contended that the petitioner belongs to Halba community which is recognized to be a Scheduled Tribe in the State of Maharashtra. A certificate to that effect has been issued to the petitioner by the Executive Magistrate, Nagpur on 19th July, 1980 and by the City Mamlatdar, Ahmedabad on 1st December, 1988. It is stated that the petitioner is born and brought up in the State of Gujarat and he being of Halba community which is recognized to be a Scheduled Tribe, is entitled to the benefits extended to the Scheduled Tribe persons.