SUNIL KUMAR Vs. LIFE INSURANCE CORPORATION

JUDGEMENT

(1.) -The petitioner seeks to quash the order dated 25.4.2000 (Annexure-1 to the writ petition) passed by the respondent No. 3 whereby he has been removed from service on the ground that he had obtained a caste certificate from Rajasthan but regarding in Uttar Pradesh where on such caste certificate, he is not entitled to be appointed in service.

(2.) THE version of the petitioner is that he is a resident of Rajasthan and belongs to Mina caste. Mina caste has been notified as Scheduled Caste by the President of India as mentioned in Part 13 of the Schedule of the Constitution (Scheduled Tribes) Order, 1950, wherein item No. 9 Mina community has been shown as Scheduled Tribe.

(3.) DR. R. G. Padia, senior counsel for the respondents, submitted that under Article 342 of the Constitution, the President, by notification specifies the Tribes or Tribal communities or parts of or groups within Tribes or Tribal communities for the purpose of the Constitution be taken as Scheduled Tribes in relation to that State or Union Territory, as the case may be but he cannot be treated as Scheduled Caste/Scheduled Tribe in another State. The President, in fact, has notified certain Tribes as Scheduled Tribes of Rajasthan, which have been mentioned in part 13 of the Schedule of the Constitution (Scheduled Tribes) Order, 1950. Mina community has been shown as Scheduled Tribe under item No. 9 of part 13 of the said Schedule.