STATE OF U P Vs. SHIV KUMAR BHARDWAJ

JUDGEMENT

(1.) All these appeals arise out of a common judgment dated 10.03.2004 passed by a learned Single Judge in Civil Misc. Writ Petition No. 2958 of 2004, Civil Misc. Writ Petition No. 3357 of 2004, Civil Misc. Writ Petition No. 3359 of 2004 and analogous petitions.

(2.) Shorn of unnecessary details, facts giving rise to the present appeals are that the writ petitioner - respondents (hereinafter referred to as the 'respondents') were candidates for admission to B.T.C. Course - 2001. For welfare of Backward Classes and for grant of concession to the most backward amongst the Backward Classes, the State Government by Order dated 12th May, 1961 decided to issue list of De-notified and Vagrant Tribes. It has been observed in the said Order that 'though there are no Scheduled Tribes recognised as such in this Pradesh yet there are certain tribes residing in the State which deserve special attention in the same way as is available to Scheduled Tribes in other States'. The notification itself included few tribes and it further provided that lists of De-notified and Vagrant Tribes shall be issued separately. In the list of De-notified Tribes, the community Bhar is amongst the De-notified Tribes within the districts of Azamgarh, Varanasi, Faizabad, Jaunpur and Gorakhpur. Respondents averred that their community 'Bhar' finds place in the list of de-notified Tribes (Vimukt Jati) and, therefore, entitled for admission to the B.T.C. Course - 2001 treating them as members of Scheduled Tribes. The plea was accepted and the learned Single Judge directed the appellants herein to consider the candidature of the respondents treating them as Scheduled Tribe candidates belonging to Vimukt Jati for admission to the said B.T.C. Course to the seats reserved for Scheduled Tribe category.

(3.) Respondents-appellants, aggrieved by the aforesaid direction, have preferred these appeals.