VICSE VERMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Petitioners. Both of them belonging to the Bhar Community (Rajbhar caste). It is admitted to the Petitioners that they are denotified castes in the State of U.P. It is also admitted that they do not find mention in the Presidential Notification issued by the Government as per Articles 341 and 342 of the Constitution of India.

(2.) Learned Counsel for the Petitioners submits that the Petitioners have been granted admission, they have paid their fees and they have been pursuing their course for more than four months and therefore, the cancellation of the Petitioners' admissions and telling them to not pursue their studies and vacate the hostel is unjustified.

(3.) The grounds taken are that the action is discriminatory and violative of Article 14 and even otherwise it is in violation of principles of natural justice, inasmuch as, no notice or opportunity was given to the Petitioners prior to passing of the said orders. It is further submitted that the denotified tribe of Bhar has been for the purpose of education treated to be a scheduled tribe but for the purpose of reservation in public services they have been treated to be of the other backward category. In this view of the matter the contention raised is that the Petitioners are entitled to the benefit of the scheduled tribe category and cancellation of their admission is erroneous.