SANJAY KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner Sanjay Kumar Singh has come to this Court under Article 226 of the Constitution of India with the prayer that the impugned order dated 30.6.1997/1.7.1997 passed by the U. P. Public Service Commission, Allahabad (for short Commission), copy of which has been filed as Annexure-XI to this petition.

(2.) Sanjay Kumar Singh is shuttling between good and bad luck, good for the favourable result in the P.C.S. examination declared in his favour by the Commission, and bad because by the impugned order that result stood cancelled. Again good because by an interim order one post has been kept reserve which continues till date.

(3.) Petitioner's forefather belonged to Old Ngaulaong, Village Post Office Peren. B.P.O. Tening. District Kohima. Nagaland and belongs to a sect known as Zeme Naga amongst Naga Tribe citizens. This Naga Tribe is a Scheduled Tribe in Tening Nagaland and a certificate to that effect was issued to the petitioner (Annexure-1). The Additional Deputy Commissioner. Peren, Nagaland also issued a certificate dated 27.6.1997 to that effect. Similarly village council Nagaland also issued a certificate to that effect on 10.4.1996 (Annexure- 111). The petitioner then applied for a Scheduled Tribe certificate from the District Magistrate, Allahabad who issued a certificate dated 18.1.1996 based upon the report and certificate from Tehsildar, Allahabad indicating that he is presently a resident of Allahabad. It has been pleaded that the forefathers of the petitioner had migrated to Chhapra from Nagaland and ultimately his father, who was a Subedar Major in the Indian Army, migrated to Allahabad with whom the petitioner also migrated and completed his educational pursuits.