JUDGMENT

H. K. SEMA, J.—

1.The challenge in this appeal is to the order dated 25-8-2004 passed by the High Court in W.P. No. 28707 of 2003, dismissing the writ petition filed by the appellant.

2.The short question arises for determination in this appeal is, as to whether the appellant Geeta belongs to Majhi Tribe, which is Scheduled Tribe or Nishad/Mallah, which is not Scheduled Tribe.

3.We have heard the parties.

4.The appellant was granted Scheduled Tribe Certificate dated 29.8.1986 by the District Magistrate Lucknow. The order reads :

FORM OF CASTE CERTIFICATE

This is to certify that Kumari Geeta daughter of M.S. Nishad of village/town D-72, Nirala Nagar in District/Division Lucknow of the State Uttar Pradesh belong to the Majhi Tribe which is recognized as a Scheduled Tribe.

Under :-

1.The Constitution (Scheduled Castes) Order, 1950 (as amended by the Scheduled Castes & Scheduled Tribes lists (Modification) Order, 1956)

2. This certificate is issued on the basis of the Scheduled/Tribe certificate issued to Shri M.S. Nishad father of Kumari Geeta of Village/Town Kripalpur in District Satna of the State Madhya Pradesh, who belong to the Majhi/tribe which is recognized as a Scheduled Trib