MOHANLAL MAHATO Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This mandamus-appeal is at the instance of a writ petitioner and is directed against the order dated 6th December, 2004 passed by a learned Single Judge of this Court thereby rejecting a writ application filed by the appellant by which he challenged the order dated 28th October, 2004 passed by the Sub-Divisional Officer and the Caste- Certificate-Issuing-Authority, Balurghat, Dakshin Dinajpur, in Cancellation Proceeding No. 17 of 2003 by which the Scheduled Tribe certificate granted earlier to the appellant was recalled.

(2.) There is no dispute that the present appellant obtained a Scheduled Tribe certificate issued by the appropriate authority being the respondent No. 4 herein on 23rd August, 2002 and on the basis of such certificate, he was qualified in the West Bengal School Service Commission Examination, Northern Region and was selected for the post of Assistant Teacher under the Scheduled Tribe category.

(3.) Subsequently, on the basis of a complaint lodged before the respondent No. 4 a show-cause notice was issued to the appellant why the certificate granted to him should not be cancelled. It appears that the appellant along with some others challenged the procedure adopted by the respondent No. 4 in the cancellation proceeling by filing a writ application and the said writ-application was disposed of by a learned Single Judge of this Court by directing the respondent No. 4 to pass a reasoned order.