NEW OKHALA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. PIARE LAL

JUDGEMENT

(1.) WE have heard Shri Rahul Sahai, learned counsel appearing for New Okhala Industrial Development Authority (NOIDA) through its Chief Legal Adviser -the appellant. Shri Ashok Khare, Senior Advocate assisted by Shri Sudhanshu Srivastava appears for respondents -petitioners.

(2.) IN these Special Appeals all the petitioners -respondents were appointed as Malis in NOIDA in pursuance to an advertisement, by way of direct recruitment in the year 1997, on the posts reserved for Scheduled Castes. The petitioners -respondents are residents of States of Punjab, Delhi and Jharkhand. They had relied upon the caste certificates issued by the Tehsildars in the States of Punjab, Delhi and Jharkhand, belonging to 'Ramdasiya', 'Raigar' and 'Oraon' castes to claim reservation in appointments. It is admitted that these cases are not notified as Scheduled Castes in the State of UP under the Presidential Order issued under Article 341 (1), or the amendments made to the Presidential Order by Parliament under Article 341 (2) of Constitution of India.

(3.) AFTER having served for a period between 5 to 10 years in the year 2007, the petitioners' appointments were cancelled on the ground that the castes, to which the petitioners belong and which are claimed to be Scheduled Castes, are not declared as Scheduled Castes in the State of UP. The order dated 11.5.2007 (in the case of petitioner of the first writ petition) and the orders dated 7.5.2007 (in the petitioners of other three writ petitions) respectively were issued by the Chief Executive Officer, NOIDA were challenged in the writ petitions, which were dismissed giving rise to these Special Appeals.