JUDGMENT :

S.C. Sharma, J.

1. The present writ appeal is arising out of an order dated 21.06.2007 passed by the learned Single Judge in WP No. 19185 of 1998.

2. The facts of the case reveal that the writ petition was preferred by the respondent/writ petitioner being aggrieved by the order dated 29.04.1993 passed by the Divisional Security Commissioner by which the respondent/writ petitioner was removed from service and it was confirmed by the higher authorities also. The learned Single Judge has set aside the order of removal passed by the disciplinary authority as confirmed by the appellate authority and further by the revisional authority and directed reinstatement of the respondent/writ petitioner forthwith into service with all consequential benefits. However, at the same time, the learned Single Judge has granted a liberty to the appellants/respondents to refer the matter to the appropriate authority for verification of the caste certificate produced by the respondent/writ petitioner at the time of his appointment and to take appropriate action as per law.

3. The order was passed by the Single Judge on 21.06.2007. However, it was immediately stayed by the Division Bench of this Court and the stay order is very much continuing. No efforts were made for getting the matter listed on an early date and now the respondent/writ petitioner is 63 years of age.

4. The Apex Court in the case of Kumari Madhuri Patil and another v. Additional Commissioner, Tribal Development and others, (1994) 6 SCC 241, in Paragraph 13, has held as under:

"13. The admission wrongly gained or appointment wrongly obtained on the basis of false social status certificate necessarily has the effect of depriving the genuine Scheduled Castes or Scheduled Tribes or OBC candidates as enjoined in the Constitution of the benefits conferred on them by the Constitution. The genuine candidates are also denied admission to educational institutions or appointments to office or posts under a State for want of social status certificate. The ineligible or spurious persons who falsely gained entry resort to dilatory tactics and create hurdles in completion of the inquiries by the Scrutiny Committee. It is true that the applications for admission to educational institutions are generally made by a parent, since on that date many a time the student may be a minor. It is the parent or the guardian who may play fraud claiming false status certificate. It is, therefore, necessary that the certificates issued are scrutinized at the earliest and with utmost expedition and promptitude. For that purpose, it is necessary to streamline the procedure for the issuance of social status certificates, their scrutiny and their approval, which may be the following:

1. The application for grant of social status certificate shall be made to the Revenue Sub-Divisional Officer and Deputy Collector or Deputy Commissioner and the certificate shall be issued by such officer rather than at the Officer, Taluk or Mandal level.

2. The parent, guardian or the candidate, as the case may be, shall file an affidavit duly sworn and attested by a competent Gazetted officer or non-Gazetted officer with particulars of castes and sub-castes, tribe, tribal community, parts or groups of tribes or tribal communities, the place from which he originally hails from and other particulars as may be prescribed by the Directorate concerned.

3. Application for verification of the caste certificate by the Scrutiny Committee shall be filed atleast six months in advance before seeking admission into educational institution or an appointment to a post.

4. All the State Governments shall constitute a Committee of three officers, namely, (I) an Additional or Joint Secretary or any officer higher in rank of the Director of the department concerned, (II) the Director, Social Welfare/Tribal Welfare/Backward Class Welfare, as the case may be, and (III) in the case of Scheduled Castes another officer who has intimate knowledge in the veri