JUDGMENT

P. Venkatarama Reddi, J.-Delay condoned and leave granted in S.L.P. (Civil) No. 16466 of 2001 filed by the State of U.P.

2. Aggrieved by the judgment of the High Court at Allahabad, the present appeals are preferred by the U.P. Public Service Commission and the State of U.P. Pursuant to an advertisement issued on 31-12-1994 by the U.P. Public Service Commission for Combined State/Upper Subordinate Examination, the respondent herein submitted his application as a Scheduled Tribe candidate. He passed the preliminary and main examination held in June/July, 1996. He was called for interview for consideration to the post of History Lecturer in the vacancy reserved for Scheduled Tribes. In the results published on 14-11-1996, the respondent was declared successful. However, it is the case of the Service Commission that on a recheck of the documents furnished by the respondent, it was found that the Naga tribe to which the respondent belongs is not a recognised Scheduled Tribe in the State of U.P. In the Presidential order issued under Article 342 of the Constitution as well as the State Government s notification, only five tribes are mentioned as Scheduled Tribes. Therefore, the