JUDGMENT :

SAURABH SRIVASTAVA, J.

1. Heard Kuldeep Kumar, learned counsel for the petitioner and Shri P.N. Rai, learned counsel for the respondents.

2. This writ petition has been preferred mainly with the following prayers:

(1) to issue a writ order or direction in the nature of certiorari quashing the order dated 20.2.2009 passed by the Appellate Authority i.e. respondent no. 2 and the order dated 31.10.2007 passed by respondent no. 3 dismissing the petitioner from service.

(2) to issue a writ, order or direction in the nature of mandamus directing the respondent not to give effect the orders dated 20.2.2009 and 31.10.2007.

3. The case of the petitioner is that during recruitment year 1993, he applied for the post of constable in the Railway Protection Force against the reserved category of scheduled tripe candidate, after due process as defined under the statutory provisions and recruitment rules, the petitioner was appointed as constable vide order dated 20.8.1994, considering the satisfactory services he has been promoted for the post of head constable.

4. The petitioner is scheduled tribe candidate belonging to village Sikar, State of Rajasthan having valid scheduled tribe certificate issued way back on 12.3.1991 since the ancestors of the petitioner had been living in the said village for a long time, for livelihood the father of the petitioner settled at District Bulandshahar but remained permanent resident of village Gangvas, Neem Ka Khana, District Siker State of Rajasthan, the caste of the petitioner has been mentioned in Part-13 of the schedule of the Constitution (S.T.) Order 1950 and Meena community has been shown in S.T. in Item No. 9 of Part-13 of the said schedule.

5. In support of seeking reservation in pursuance to the caste certificate as issued to the petitioner the reliance has been placed to the judgment passed by Hon’ble Apex Court in the case of Union of India vs. Doodh Nath Prasad, AIR 2000 SC 525 and Sanjay Kumar Singh vs. State of U.P. (2000) 1 UPLBEC 729 wherein it has been held that if a person belongs to Scheduled Tribe of different State, can still claim reservation under the SC/ST quota if there is no prohibition in that respect.

6. As per Article 342 of the Constitution of India the President notified the tribes of the State as S.T. it is quite possible that in that State such trial on account of disadvantage and social hardship suffered by that caste or group in that State, is entitled for declaration that they belonged to SC/ST but in another State such hardship or social disadvantage may not exist and as such State may not treat such Caste or Tribe as SC/ST, it may also be that such caste/tribe is not residing in another State, if a person belonging to S.T. of another State cease appointment on the basis of the advertisement issued in another State and as such advertisement does not at all prevent a person of SC/ST of another State, there is no bar that such person may be permitted to appear in the examination for selection to the post advertised, meaning thereby that the advertisement and the conditions thereof are important.

7. In the present case when the Railway Protection Force is an all India organization, therefore, wherever the post is advertised it has to have all India notification and would apply to all the citizens of India and in such circumstances the bar of being a S.T of one State would not be entitled to employment in another state would not be an absolute bar.

8. Apart from the legal embargo of taking any such action against the petitioner of belonging to a particular ST of a particular State being not entitled to obtain employment in another State under that ST certificate, nevertheless the position would not be same in case of all India service, otherwise no quota can be applied towards ST candidates as all ST are in particular State where they are facing exceptional hardships, therefore, the benevolence face of the Constitution is towards the side that once a particular set is hel