Hon’ble Sudhir Agarwal, J.—Writ petition has been restored to its original number vide order of date passed on recall application. As requested by learned counsel for the parties, the same is taken up for hearing and is being disposed of finally.

2. Heard Sri J.J. Munir, learned counsel for the petitioner and learned Standing Counsel for the respondents.

3. The impugned order dated 31.12.2007 has been passed cancelling selection/ appointment of petitioner on the post of Runner on the ground that Scheduled Tribe certificate submitted by petitioner has been cancelled by District Magistrate, Azamgarh on the ground that in District Azamgarh, no Gond community people are available.

4. Sri J.J. Munir, learned counsel for the petitioner contended that vide the Presidential notification published in Gazette of India (Extraordinary) dated 7.1.2003, for the State of U.P., the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967 (hereinafter referred to as the “Order, 1967”) was amended and following Entry ‘6’ was inserted therein:

“6. Gond, Dhuria, Nayak, Ojha, Pathari, Raj Gond (in the districts of Maharajganj, Sidharth Nagar, Basi, Gorakhpur, Deoia, Mau, Azamgarh, Jonpur, Ba