A citizen of India belonging to a different State can claim the reservation available to Scheduled Tribe candidates in the State where he is presently living, provided that he has a genuine Scheduled Tribe certificate issued by the authorities of his home State.

PALOK BASU, J.

( 1 ) PETITIONER Sanjay Kumar Singh has come to this Court under Article 226 of the Constitution of india with the prayer that the impugned order dated 30. 6. 1997/1. 7. 1997 passed by the U. P. Public Service Commission, Allahabad (for short Commission), copy of which has been filed as annexure-XI to this petition.

( 2 ) SANJAY Kumar Singh is shuttling between good and bad luck, good for the favourable result in the P. C. S. examination declared in his favour by the Commission, and bad because by the impugned order that result stood cancelled. Again good because by an interim order one post has been kept reserve which continues till date.

( 3 ) PETITIONERs forefather belonged to Old Ngaulaong, Village Post Office Peren. B. P. O. Tening. District Kohima. Nagaland and belongs to a sect known as Zeme Naga amongst Naga Tribe citizens. This Naga Tribe is a Scheduled Tribe in Tening Nagaland and a certificate to that effect was issued to the petitioner (Annexure-1 ). The Additional Deputy Commissioner. Peren, nagaland also issued a certificate dated 27. 6. 1997 to that effect. Similarly village council nagaland also issued a certificate to that effect on 10. 4. 1996 (Annexure- 111 ). The petitioner then applied for a Scheduled Tribe certificate from the District Magistrate, Allahabad who issued a certificate dated 18. 1. 1996 based upon the report and certificate from Tehsildar, Allahabad indicating that he is presently a resident of Allahabad. It has been pleaded that the forefathers of the petitioner had migrated to Chhapra from Nagaland and ultimately his father, who was a subedar Major in the Indian Army, migrated to Allahabad with whom the petitioner also migrated and completed his educational pursuits.

( 4 ) ON 31. 12. 1994. the Commission came out with an advertisement for Combined State/upper subordinate Service (Preliminary) Examination, 1994. Petitioner applied for the same. Being successful at the preliminary, the petitioner appeared in the main examination with Roll No. 023179 held between 26. 6. 1996 and 4. 7. 1996. Being successful in the written examination, the petitioner was called for interview by the Commission on 23. 10. 1996 through the interview letter dated 2g. 6. 1996. Having faired well in the interview also, the petitioners result was declared on 14. 11. 1996 and he was successful having been shown at serial No. 5 amongst the successful candidates belonging to the Schedule Tribe. It is after this, the impugned order dated 1. 7. 1997 has been issued, the contents of which, translated into English, would read as under : "sanjay Kumar Singh was taken to be a candidate in the Scheduled Tribe category on the basis of facts stated by him during interview. Sri Sanjay Kumar Singh had disclosed that he was of schedule Tribe "naga". This Tribe naga is not one of the tribes enumerated in the list of scheduled Tribe in the State of Uttar Pradesh by the Government. Therefore, he is not entitled to the aforesaid reservation. In view of the aforesaid circumstances, the Commission hereby cancels the selection of Sri sanjay Kumar Singh in the Combined State /upper Subordinate Examination. 1994. "

( 5 ) SRI Shailendra, learned counsel for the petitioner Sri Shiv Kumar Singh. learned counsel for the Commission and S. C. Rai. Additional Chief Standing Counsel for the State have been heard at considerable length for and against this writ petition. Counter-affidavit on behalf of the commission has been filed by Sri R. Rahman. During the course of arguments on earlier occasions, it was found that an authentic statement from the side of Government should come about the genuineness or otherwise of the claim of the petitioner to be belonging to a Scheduled tribe of Nagaland. By a detailed order dated 28. 7. 1998, the District Magistrate, Allahabad, was required to make full fledged enquiry into the allegations of petitioner and to file his own affidavit. It is good that Sri Alok Tandon, I. A. S. . District Magistrate