REGISTRAR VIBHAGIYA PRIKSHYAN U P Vs. DINESH KUMAR

JUDGEMENT

(1.) BY the Court?We have heard Dr. Y.K. Srivastava appearing for the respondent- appellants. Shri S.D. Kautilya assisted by Shri Rajjan Singh appears for the petitioner-respondent.

(2.) THIS intra Court special appeal arises out of judgment dated 12.4.2004 of learned Single Judge in a writ petition in which the petitioner claiming to belong to 'Bhar' community sought appointment to Special BTC Course, 2001, as a Scheduled Tribe candidate. Learned Single Judge relying upon the orders passed by this Court in Writ Petition No. 879 of 2001, and order dated 16.12.2003 in Writ Petition No. 52462 of 2003, found that the dispute is identical in nature. He found that in the orders referred by him, it was observed that though 'Bhar' community treated as 'Vimukti Jati', by the notification issued by the State Government from time to time has not been notified as Scheduled Tribe under Article 342 of the Constitution of India, the members of 'Bhar' community are entitled to special benefits under the Government Orders for the purposes of their upliftment including the training for teaching. The Special BTC course is a condensed course for training for ultimate appointment as Asstt. Teachers in the basic schools. To meet the shortage of trained teachers, the State Government with the permission of National Council of Teachers Education, had designed the special condensed training course for those, who have B.Ed, qualification for teachers training for appointment.

(3.) DR. Y.K. Srivastava submits that this Court had an occasion to consider the same question subsequently in Vijay Prakash v. State of U. P. and others, Special Appeal No. 89 of 2005 decided on 4.2.2005, and in State of U.P. and others v. Shiv Kumar Bhardwaj and others, 2010(2) ADJ 854 (DB). In both these judgments the question of inclusion and the benefit to be given to the members of 'Bhar' community as denotified tribe to be included in Scheduled Tribe was under consideration. In Vijay Prakash (Supra) the Division Bench of this Court after noticing the background in which the notifications were issued in respect of many tribes in the State of U.P. as denotified tribes, held that so far as 'Bhar' and 'Rajbhar' communities are concerned, the members of the community approached the Supreme Court in Writ Petition No. 126 of 1986, Akhil Bhartiya Rajbhar Maha Sabha and others v. Union of India and others. The writ petition was disposed of on 8.10.1987 observing that the question whether 'Rajbhar' should be included in the list of Scheduled Castes/Scheduled Tribes under Art. 341 of the Constitution of India has to be determined by the competent authority and since for the purpose the proceedings are pending, the same may be concluded expeditiously. The Division Bench held as follows: