VIVEK DINANATH TARE Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE . Mr. Suresh Kumar, learned counsel appears and waives service of notice of rule on behalf of respondents.

(2.) IN the facts and circumstances, and with the consent of the parties, the matter is taken up for final hearing.

(3.) THE case of the petitioner is that he belongs to Mahadeo-Koli, Scheduled Tribe. He was granted a certificate by the Executive Magistrate, Uran, District Raigad on 25th December, 1982. After passing his SSC Examination, in pursuance of an advertisement published by the Staff Selection Commission for the post of Clerk, the petitioner applied for the said post under reserved category of S.T. as the petitioner was eligible to be appointed to the said post. It was in 1992. The application of the petitioner was processed by the Staff Selection Commission and after going through all formalities, the petitioner was declared successful at the examination in January, 1994. The petitioner also appeared for typing test conducted by the Commission and was selected for appointment to the post of Lower Division Clerk. On 2nd May, 1994, an appointment order was issued in favour of the petitioner, pursuant to which the petitioner joined service on 7th July, 1994 with respondent No.2. After completing the probation period satisfactorily, respondent No.2 issued an order on 24th February, 1997 confirming the petitioner on the post of Lower Division Clerk. On 18th November, 2002, the second respondent issued a letter directing the petitioner to submit attested copy of the caste certificate for verification within seven days failing which appropriate action would be taken against him. The said communication is challenged by the petitioner by filing the present petition.