SUBHASH KHATAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The issue in the petition is with regard to the petitioner s appointment on the post of Constable in District Jhunjhunu in the quota of Scheduled Tribe following the recruitment process to the aforesaid post pursuant to an advertisement dated 14-10-2010.

(2.) It is an admitted fact that the petitioner on his merit could be appointed as Constable in District Jhunjhunu in the quota of Scheduled Tribe, but was not so appointed for reason of a dispute as to the caste certificate in regard thereto submitted by him. In rejoinder to reply to the writ petition impugning his non appointment, the petitioner has filed his caste certificate dated 22- 7-2014 issued by the Tehsildar Chirawa District Jhunjhunu recognizing the petitioner s caste Dhanka as a Scheduled Tribe, as also the letter dated 9-9-2011 issued by the Sub Divisional Magistrate Jhunjhunu similarly accepting the petitioner's Scheduled Tribe status. These documents have been placed on record of the petition.

(3.) Mr. Nitesh Kumar Garg, counsel for the petitioner has submitted that in view of the certificate dated 22-7-2014 issued by Tehsildar Chirawa as also the letter dated 9-9-2011 issued by the Sub Divisional Magistrate Jhunjhunu both certifying the petitioner by caste a Dhanka to be a Scheduled Tribe person, the petitioner as per his merit is entitled for appointment to the post of Constable in District Jhunjhunu in the quota of scheduled tribe.