Hon’ble Mahesh Chandra Tripathi, J.—Heard learned counsel for the petitioner. Learned Standing Counsel appears for the respondents.

2. By means of the present writ petition the petitioner has prayed for following reliefs :

“(i) issue a writ of certiorari or writ, order or direction in the nature of certiorari calling for record and quashing the impugned order dated 14.2.2008 and 19.3.2008 Annexures 21 and 25 passed by respondent No. 4 and 5.

(ii) issue a writ of mandamus or writ, order or direction in the nature of mandamus commanding the respondents from enforcing and implementing the impugned orders date 14.2.2008 and 19.3.2008 Annexure 21 and 25.

(iii) issue a writ of mandamus or writ, order or direction in the nature of mandamus commanding the respondent No. 5 to allow the petitioner to join and discharge of duties of Gram Vikas Adhikari and pay the salary admissible in law.

(iii) issue any other writ, order or direction which this Hon’ble Court may deem fit and proper, in the facts and circumstances of the case;

(iv) to award the cost of the writ petition to the petitioner.”

3. This Court while entertaining the writ petition passed the following order on 19.4.2008 :

“The contention of the learned counsel for the petitioner is that previously Gond Caste was notified as a Schedule Caste however, by the S.C. and S.T. Orders (Amendment) Act 2002 Gond Caste was declared as a Scheduled Tribe in U.P. The State Government also in pursuance thereof issued a notification dated 3rd July 2003 and subsequently 30th September 2003 notifying Gond Caste as a Schedule Tribel.

In view of the aforesaid, the petitioner was issued a caste certificate by the Tehsildar, Lalganj, District Azamgarh on 15.4.2005 certifying that the petitioner belongs to Gond Caste which is the Scheduled Tribe. On the basis of the aforesaid certificate, the petitioner applied for appointment as a Gram Vikas Adhikari in the category of ST and he was selected and appointed as such on 25.2.2008. However, by the impugned order dated 19.3.2008 petitioner’s aforesaid appointment has been cancelled on the ground that the petitioner is not a candidate belonging to ST.

Learned Standing Counsel prays for and is allowed six weeks time to file counter-affidavit. Two weeks thereafter are allowed to the petitioner for filing rejoinder-affidavit.

List for admission/final disposal on the expiry of the above period.

Until further order of this Court the operation of impugned order dated 19.3.2008 (Annexure 25 to the writ petition) shall remain stayed.”

4. Learned counsel for the petitioner submits that the petitioner belongs to ‘Gond’ caste, which is a scheduled tribe. In the parivar register and the educational certificates also the caste of the petitioner is shown as ‘Gond’. After the inclusion of the petitioner’s caste ‘Gond’ in Scheduled Tribes by Act No. 10 of 2003 the petitioner applied for caste certificate of ‘Gond’. After enquiry and verification of his caste, the Scheduled Tribe certificate of ‘Gond’ dated 15.4.2005 was issued by the Tehsildar Lalganj.

5. The respondent No. 5 advertised reserved backlog vacancies of Junior Clerk and Gram Vikas Adhikari in the office. In response thereto the petitioner applied for the post of Gram Vikas Adhikari reserved for Scheduled Tribe. After physical test and interview he was selected for the said post and sent for training. After completing successful training he was given appointment letter dated 25.2.2008. When he reached for joining he was served a show-cause notice stating that after verification of the caste certificate the Tehsildar, Lalganj vide letter dated 14.2.2008 informed that he belongs to Backward Caste Kahar, Sub-Caste of Gond and the caste certificate submitted by him is ineffective and explanation was called as to why his appointment be not cancelled. The petitioner submitted his reply dated 7.3.2008 to the show-cause notice and stated that he is of ‘Gond’ caste by birth.

6. He has also been issued certifica