In the instant writ petition the petitioner prays for issuance of an appropriate writ, order or direction particularly a writ in the nature of certiorari for quashing of letter dated 22.11.2007 as contained in memo No.4468 (ii), by which the caste certificate issued on 08.04.1992 by the District Welfare Officer and 13.04.1998 by the Sub-Divisional Officer, Ranchi Sadar, Ranchi has been cancelled in a most arbitrary manner and that too retrospectively in terms of circular dated 03.01.2007, which also says that this circular will come into existence prospectively without considering the fact that the caste certificate issued to the petitioner was issued in terms of the circular dated 03.03.1979, which came into existence after the Constitution Bench judgment of the Hon’ble Supreme Court as reported in A.I.R. 1959 SC page 1318.

The petitioner further prays for issuance of an appropriate writ, order or direction particularly in the nature of certiorari for quashing of show cause dated 27.11.2007 issued under signature of the respondent No.7, by which the petitioner was asked to reply why she should not be removed from the service of the University on cancellation of her caste certificate by the District Welfare Officer, Ranchi and only three days time has been given to the petitioner to file reply to the said show cause shows the malafide intention on the part of the respondents towards the petitioner, to whom the caste certificate has been issued genuinely, legally and within the four corners of law and the said show cause is merely a formality because it is apparent from the said letter that the said decision has been taken for removal from service on the ground of caste certificate when in an earlier opinion sought by them from the learned Advocate General, Jharkhand, her appointment and the caste certificate was said to be legal by the learned Advocate General, Jharkhand and inspite of that they are issuing the show cause for the reasons best known to them.

The petitioner has further prayed that during pendency of the instant writ application, the operation of letters dated 22.11.2007 & 27.11.2007 may kindly be stayed.

2. The facts, in brief, are set out as under:-

The petitioner was appointed as Training Associate, Plant Protection and she joined on 03.08.2004 before the Directorate of Extension Education and was posted at Krishi Vigyan Kendra, Bokaro. Vide letter dated 11.10.2007 the appointment of the petitioner was kept in abeyance on the ground of objection of her caste certificate Scheduled Tribe pending enquiry. On 12.10.2007 a show cause was issued as to why the services of petitioner be not terminated. The case of petitioner is that a Government circular was issued on 03.03.1979 which speaks that if a general category person marries with a reserved category, as in the instant case, who happens to be a scheduled tribe, then the children born out of said wedlock would be considered as scheduled tribe and this circular was issued based on a judgment passed by a Constitution Bench of Hon’ble Supreme Court reported in AIR, 1959 (Supreme Court) page 1318. On the basis of application preferred by the petitioner the District Welfare Officer upon due enquiry and in view of the prevailing circular dated 03.03.1979 and the Constitution Bench judgment passed by the Hon’ble Supreme Court issued caste certificate on 08.04.1992. The Sub-Divisional Officer based on the aforesaid certificate also issued the caste certificate. In the instant case the mother of the petitioner is schedule tribe Oraon and the father is non-tribal and they got married in the year 1967 and the petitioner was born out of the said wedlock.

3. A show cause notice was issued by the Director, Administration, Birsa Agricultural University to which a reply was filed on 16.10.2007 clarifying that no mischief was done and also clarified the legal position. It appears that the matter was referred to the learned Advocate General to give his opinion on the issue an