VIPIN KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) IN the present writ petition preferred under Article 226/227 of the Constitution of India prayer has been made to quash the impugned order dated 6th January, 2000 passed in O.A. No. 1800 of 1999, whereby, the petitioner 'sclaim for selection to the post of Himachal Pradesh Administrative Service as a scheduled tribe candidate was declined.

(2.) IT appears that in reference to an advertisement of February, 1998 for selection of some posts under the Himachal Pradesh Administrative Services the petitioner applied as a scheduled tribe candidate on the strength of a certificate issued to him from district Bilaspur, and he was recommended by the Himachal Pradesh Public Service Commission for one of the posts, but when appointment letter was not issued, the petitioner preferred O.A. No. 1800 of 1999 before the learned H.P. State Administrative Tribunal.

(3.) THE petitioner undisputedly belongs to Gujjar Community and is permanent resident of village Panjera, Tehsil Nalagarh, District Solan, H.P. i.e. a part of the area which was covered under Sub - section (1) of Section 5 of the Punjab Reorganization Act, 1966 and Gujjar Community of that area were not acknowledged as scheduled tribe in view of the Presidential Notification of Constitution (Scheduled Tribes) Order 1950, whereas the Gujjar community of Bilaspur (H.P.) was acknowledged as scheduled tribe. It appears, on the application of the petitioner 'sfather, Shri Kadu Ram, submitted on 21.5.1994, he was issued a certificate of scheduled tribe on the same day, i.e. 21.5.1994 by the Sub Divisional Magistrate, Sadar, district Bilaspur, H.P. In reference to such certificate, the petitioner was also issued a certificate of scheduled tribe from district Bilaspur.