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 Tribe in the State Madhya Pradesh issued in the Distt. Magistrate Satna (name of prescribed authority vide Letter No.87114 dated 03.11.77.

Signature C.S.Singh

Designation on Officer Incharge

(Certificate)

(with seal of office)

District Magistrate, Lucknow

Place: Lucknow

Date: 29.08.1986

5.It would appear from the order itself that she was given Scheduled Tribe Certificate on the basis of Scheduled Tribe Certificate issued to the father of the appellant Shri M.S. Nishad by the District Magistrate, Satna in the State of M.P. by an order dated 3.11.1977

6.At this stage, we may point out that the said Scheduled Tribe Certificate dated 3.11.1977 issued to the father of the appellant Shri M.S. Nishad has also been cancelled subsequently. The appellant’s father was also placed under suspension. It is brought to our notice that the order dated 28.2.1995 has been challenged in W.P. No.192(SB) of 1995 in the Lucknow Bench of the Allahabad High Court and the same is still pending.

7.Be that as it may, it is clear that the Scheduled Tribe Certificate issued in favour of the appellant on 29.8.1986, that the appellant belongs to Majhi Tribe, which is recognized as Scheduled Tribe in the State of M.P., was issued by the District Magistrate, Lucknow, on the basis of the Scheduled Tribe Certificate issued by the District Magistrate, Satna, in favour of her father by an order dated 3.11.1977.

8.On the strength of the Scheduled Tribe Certificate, the appellant applied for the post of Deputy Superintendent of Police from the reserved quota of Scheduled Tribes. She was selected from the reserved quota and included in the merit list. Thereafter, by an order dated 28.3.2001 she was appointed as Deputy Superintendent of Police and is still continuing in the said post.

9.An inquiry was initiated against the appellant preceded by a complaint. On the basis of the Inquiry Report, the services of the appellant was sought to be terminated by an order dated 9.4.2001 inter alia on the ground that the caste certificate issued to her father has been cancelled by the Collector, Satna in 1995. Aggrieved thereby, the appellant filed O.A.No.1426 of 2001 before the Madhya Pradesh Administrative Tribunal, which was dismissed in limine by an order dated 26.4.2001. Aggrieved thereby, the appellant preferred Writ Petition No. 2237 of 2001 before the High Court, which was dismissed on 13.5.2002, with the direction to conduct an inquiry whether the appellant belongs to Majhi Tribe or not.

10.Pursuant to the direction of the High Court, show cause notice was issued to the appellant, by the Scheduled Tribe Certificate Investigating Committee, Madhya Pradesh.

11.After show cause notice, the High Level Caste Screening Committee was constituted in the light of the decision of this Court in the case of Kumari Madh