The legal principle established is that the status of belonging to a Scheduled Tribe is not automatically lost by conversion to another religion, and the determination of tribal status must consider the individual's social disability and adherence to the customs and traditions of the community.

K.J. Thaker, J.

1. The petitioners and the respondents both have felt aggrieved by the order dated 18th July 2012 of the learned Single Judge whereby the original petitioner i.e. Maliniben Rameshchandra Thakor has felt aggrieved because of the following operative portion, which is at para - 13, which is reproduced hereunder.

"13. At this stage, it is submitted by Mr. Shah that the probation period which was not extended may be restored. Mr. Soni, learned AGP submitted that the petitioner has no right to continue on the reserved post. Hence, the prayer for restoring in service is rejected."

2. The State has aggrieved by the finding of the learned Single Judge, though it is following the decision of the Apex Court in the case of State of Kerala and another Vs. Chandramohanan, reported in 2004 AIR SCW 1064. The paragraph No. 10, of the order impugned, reads as under.

"10. The authority while passing the order dated 24.07.1997 has proceeded mainly on the ground that the petitioner has converted her religion from Scheduled Tribe to Christian. In view of the decision in the case of State of Kerala and another V/s. Chandramohanan (Supra), the premises on which the order was passed can never be upheld and the impugned order dated 24.07.1997 is required to be quashed and set aside and in that view of the matter, the caste certificate issued on 05.02.1990 as Scheduled Tribe (Hindu Bhill), is required to be restored within a period of three months."

3. This has raised the following dispute before us by way of these Letters Patent Appeals. Both these appeals arising out of the same order and therefore, they are taken-up for hearing together and decided by this common judgment.

4. That the original petitioner has joined the office of the original respondent No. 1 on 1st August 1997 as a Research Assistant on probation for a period of one year. In the appointment order, the original respondent No. 2 has put a condition of verification of Scheduled Tribe Certificate of the original petitioner. The original petitioner has produced reliable and convicting documentary evidence before the original respondent No. 1.

5. The original petitioner has filed Special Civil Application No. 4279 of 1997 as the original respondents were not deciding the issue of verification of Scheduled Tribe Certificate from 22nd January 1997. Two orders regarding cancellation of Caste Certificate of the original petitioner by the Competent Authority dated 24th July 1997 at Annexure - K, and order of termination of the services of the original petitioner dated 25th July 1997 at Annexure-1, came to be passed and therefore, on 25th July 1997 this Court has passed an order specifically reserving the liberty to the original petitioner to challenge the validity of the order dated 24th July 1997 and hence, the original petitioner withdrew the petition. The petitioner while withdrawing the petition, has not aware of the said order of termination. Thereafter, the original petitioner on 5th August 1997 made an application to the respondent No. 1 to consider the earlier decision dated 24th July 1997 and produced convincing evidence to satisfy the respondent No. 1 that she belongs to Schedule Tribe category. As there was no response from the respondent No. 1, the petitioner preferred S.C.A. No. 6521 of 1997 before this Court for certain relief including to quash and set aside the orders dated 24th July 1997 and 25th July 1997 and further prayed to direct the respondent No. 1 to decide the application of the petitioner dated 5th August 1997. The said S.C.A. was disposed of by this Court by directing the respondent No. 1 to decide the review application of the petitioner within a period of two weeks from the date of receipt of the writ, if the same is not decided and further directed the respondent No. 1 not to fill-up the post of Research Assistant till the review application is decided. A Committee comprising of (i) Resident Dy. Collector, Bharuch, (ii) Research Officer, Adivasi