ARUN KUMAR TYAGI Vs. U O I

JUDGEMENT

(1.) THIS petition is directed against the order dated 11. 12. 2001 by which the respondent Board has awarded Retail Out Let dealership of HPCL at Jaipur in favour of the respondent No. 4 Smt. Anju Kataria W/o Shri Manoj Kataria.

(2.) THE petitioner is a member of Scheduled Caste community and has passed B. E. (Mechanical) from M. B. M. Engineering College, Jodhpur in the year 1999.

(3.) SINCE no order whatsoever has been passed on the representation dated 2. 11. 2001 submitted by the petitioner, petitioner sent a reminder on 9. 11. 2001. Vide letter dated 12. 11. 2001 the petitioner was called upon by the Chairman of the Selection Board to file an affidavit. The petitioner filed an affidavit before the respondent Board on 22. 11. 2001. It is specifically stated by the petitioner in the affidavit that respondent No. 4 is Meena by birth and belongs to Scheduled Tribe. She married Shri Manoj Kataria who belongs to Scheduled Caste (Balai) community. The certificate submitted by Smt. Anju Kataria that she is member of Scheduled Caste cannot be used for confering benefits of reservation specifically earmarked for Scheduled Caste candidate. Petitioner also submitted a photo stat copy of judgment of Hon'ble Supreme Court Valsamma Paul vs. Cochin University & Ors. (1 ).