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2023 Supreme(UK) 318

MANOJ KUMAR TIWARI
Anandi Panchpal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P.C. Petshali, Advocate
For the Respondent: Mr. Narayan Dutt, learned Brief Holder

JUDGMENT :

1. Heard learned counsel for the parties.

2. By means of this writ petition, petitioner has sought the following relief:-

    (i) Issue a writ, order or direction in the nature of certiorari quashing the termination order dated 19.04.2022 (Annexure – 10) passed by respondent no. 2.

(ii) Issue a writ, order or direction in the nature of certiorari quashing the recommendation of Scrutiny Committee dated 29.06.2017 as well as the approval dated 4.7.2017 (Annexure-5) given by respondent no. 3.

(iii) Issue a writ, order or direction in the nature of mandamus directing/commanding the respondents to reinstate the petitioner with all consequential benefits.

3. It is not in dispute that petitioner was married to a person belonging to Scheduled Tribe Community in the year 1989 and, after her marriage, she applied for caste certificate. On 08.02.1990, Tehsildar Bageshwar issued a certificate, declaring that petitioner belongs to Scheduled Tribe Community. On the strength of the caste certificate, petitioner was appointed on 27.07.1996 as Instructor against a post reserved for Scheduled Tribes.

4. In the year 2011, a complaint was made that petitioner does not belong to Scheduled Tribe and ca

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