JESANGBHAI DHULABHAI WAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved by the order dated 12.11.2009 passed by learned Single Judge in Special Civil Application No.8420 of 2004, the Appellant has preferred the present Letters Patent Appeal, whereby the learned Single Judge has dismissed the petition challenging the Order dated 29.06.2004 passed by respondent No.3 Commissioner, Schedule Tribe Development, canceling his caste certificate.

(2.) The facts which are essential to be stated are as under:

(3.) The appellantpetitioner was appointed as Additional Assistant Engineer vide Office Order No.25/84 dated 27.08.1984. The order appointing him to the said post specifically states that the appointments are made on the reserved category post of Scheduled Tribe, which were carry forwarded from the earlier block. The competent authority after due verification of the educational qualification as well as the caste certificate issued the appointment order. A seniority list was published by the concerned department, which is produced at AnnexureF to the petition in which the name of the petitioner figures at Sr. No.220. It seems that the junior to the petitioner, in the year 1984, made an application to respondent No.3 questioning the validity of the caste certificate of the petitioner.