The main legal point established in the judgment is that the termination of the petitioner's services was justified based on the appointment order and the legal position regarding the Scheduled Tribe status of 'Lohars' as determined by the Supreme Court.

Jyoti Saran, J.

The petitioner prays for quashing of the order dated 09.06.2000 passed by the Deputy Inspector General, C.R.P.F. Patna whereby the services of the petitioner have been terminated. A copy of the order is impugned at Annexure-4. The petitioner is also aggrieved by the order dated 26.03.2001 issued by the office of the Director General, C.R.P.F., C.G.O. Complex, Lodhi Road, New Delhi whereby the appeal filed by the petitioner has been rejected. A consequential relief has been made for reinstatement with consequential benefits.

2. Facts as it transpires from the pleadings in the writ petition is that the petitioner is a "Lohar" by caste and applied for the post of A.S.I. (Ministerial) with the Central Reserve Police Force (hereinafter referred to as the "C.R.P.F") as a Scheduled Tribe candidate, on the basis of the caste certificate issued from the office of the Circle Officer dated 24.11.1995, a copy of which is enclosed at Annexure-2. The petitioner was appointed as ASI (Ministerial) through appointment order dated 23.12.1996, enclosed at Annexure-1. The stipulation present at paragraph 2(ix) does confirm that the respondents aware of the pending dispute regarding the status of "Lohars" as a Scheduled Tribe community in the Supreme Court, made the appointment conditional, subject to the outcome of the proceedings with specific stipulation that in case the decision goes otherwise, the service would be terminated.

3. I am persuaded to reproduce paragraph 2(ix) of the appointment letter for ready reference.

"(ix) You appeared and qualified in the recruitment test/examination for appointment against post of ASI (M) in CRPF which was purely reserved for ST candidates. As no proper caste certificate as produced by you at the time of recruitment, the matter was got verified from concerned authorities. As a result of verification it has been found that being a resident of Bihar State you are belonging to Lohar Caste and the facilities of Scheduled Tribe category have been extended to Lohar Caste by Bihar Govt. authority provisionally in the light of decision of Patna High Court, subject to finalization of SLP by the Supreme Court of India filed by Bihar State Govt. against the said decision of Patna High Court. Hence this offer of Appointment is subject to finalization of SLP and declaration of Lohar Caste of Bihar State as schedule tribe. In case the decision will not be in favour then your services would be liable to be terminated."

4. The issue whether "Lohars" in the State of Bihar would come under the Scheduled Tribe category came up for consideration in the case of Nityanand Sharma versus State of Bihar, (1996) 3 SCC 576. The Supreme Court in consideration of Articles 341, 342 and 348 of the Constitution of India as well the Constitution (Scheduled Castes and Scheduled Tribes) Order, 1950 together with the Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Act, 1976, while observing that the Court could not give any declaration that "Lohars" are equivalent to "Loharas" or "Lohra", held that they come under the Backward Class and not under the Scheduled Tribe category.

5. It is following the judgment of the Supreme Court settling the issue that the services of the petitioner was terminated under the orders of I.G. C.R.P.F. in exercise of power vested under Rule 5 of the Central Civil Services (Temporary Services) Rules, 1965. A copy of the order of termination is impugned at Annexure-4. Feeling aggrieved the petitioner moved this court in C.W.J.C. No. 5725 of 2000 and which was dismissed by a Coordinate bench vide order passed on 15.02.2002 enclosed at Annexure-6. While dismissing the writ petition the learned Single Judge noted the submissions of the counsel that a matter was yet pending before the Supreme Court filed by the Lohara Kalyan Samity, Bihar in Writ Petition (Civil) No. 488 of 2000. It is taking note of the submissions and while holding that there was no scope for interference w