VIJAY PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri L. D. Rajbhar, learned counsel for the petitioners in all the writ petitions, Sri Mahendra Pratap Singh, learned counsel for the director, State Education, Research and Training Board, U. P. , lucknow and Sri Piyush Shukla, learned standing counsel for the state-respondents.

(2.) THESE six writ petitions have been filed by the persons, who claim themselves to be the members of the Denotified tribe (Vimukt Jati), namely, Bhar and Rajbhar, residents of District Azamgarh in the State of Uttar Pradesh. On the basis of their being members of the denotified tribes, the petitioners claim that they are entitled to be treated as members of Scheduled Castes/scheduled Tribes and are entitled to the benefits of reservation provided for in respect of the Scheduled castes/scheduled Tribes candidates. Accordingly the petitioners have prayed for quashing of the declaration under the Government order dated 20th February, 2004 (as contained in para 4 (a) of the guidelines issued for admission to the B. T. C. course qua the entrance examination of the year 2004, a copy whereof has been enclosed as annexure-3 to the first writ petition ). Under Clause 4 (a) (Condition of admission), it has been provided that the candidates belonging to the bhar Castes shall be treated to be members of Backward Class category. It is also prayed that the respondents' be directed to provide benefit of reservation to the members of Bhar Castes treating them to be the members of Scheduled Castes/scheduled Tribes.

(3.) COUNTER-AFFIDAVIT has been filed in the Writ Petition No. 28509 of 2004 on behalf of the respondents and it has been stated that, reservation has been provided for in favour of the members of the bhar Castes treating them to be the members of Other Backward Class category strictly in accordance with the provisions of the Uttar Pradesh public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Class) (Amendment) Act, 2002. Bhar Caste has not been included in any list of Scheduled Caste/scheduled Tribe in accordance with the provisions of the Constitution of India and therefore the relief prayed for by the petitioners cannot be granted.