VIJAY PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) The special appeal has been filed against the judgment and order dated 23.12.2004 of the learned Single Judge dismissing the writ petition of the petitioner for issuing direction to treat the petitioner as belonging to members of Scheduled Caste being a member of 'Bhar/Rajbhar' community.

(2.) The facts and circumstances giving rise to this case are that the petitioner/appellant belongs to Bhar/Rajbhar caste, which falls in the category of Denotified Tribe (Vimukti Jati). Persons belonging to Bhar and Rajbhar communities of the district Azamgarh, in the State of Uttar Pradesh, had earlier been notified under the provisions of Criminal Tribes Act 1924 (hereinafter called the Act 1924). The Act 1924 stood repealed in 1952 and all the communities included in the schedule thereof stood de-notified, and certain benefits have been given to them, for example, making certain reservations of the seats in educational institutions. The petition was filed for issuing direction to the respondents to treat the petitioner/appellant belonging to Scheduled Tribes and confer upon him the benefit of reservation available to Scheduled Tribes candidates for the purpose of admission in the B.T.C. Course qua the Entrance Examination 2004. However, the petition has been dismissed. Hence this appeal.

(3.) Sri L.D. Rajbhar, learned counsel for the appellant has submitted that the community of Bhar/Rajbhar in the district Azamgarh has been suppressed to an extent that it became even weaker than the persons belonging to Scheduled Tribes. State of Uttar Pradesh have issued certain orders from time to time giving Rajbhars benefits available to scheduled tribe candidates. Hence the appeal deserves to be allowed.