ASHOK RANGSHAI Vs. STATE OF M.P.

JUDGEMENT

(1.) THE prayer in the petition is to direct the respondents to grant the benefit to the petitioner as petitioner is 'Chhattri' by caste which is under the category of Schedule Tribe right from 1977.

(2.) LEARNED counsel for the petitioner submits that the petitioner applied for the post of Sub Inspector in General category in January, 1997. It is submitted that the petitioner was appointed vide appointment order dated 01/04/78 on the post of Sub Inspector in General category. Lateron, petitioner came to know that 'Chhattri' caste is in Scheduled Tribe. Learned counsel submits that since the petitioner is under the category of Schedule Tribe, therefore, the benefit for which a candidate of Schedule Tribe is entitled, be given to the petitioner at the time of promotion. Learned counsel placed reliance on a decision in the matter of Union of India Vs. Ramesh Ram & Ors, 2010 (5) SCALE 193 wherein Hon'ble Apex Court has observed that a candidate belonging to reserved category, who get recommended against general/unreserved vacancies on account of his merit (without benefit of any relaxation/concession) can opt for a higher choice of service earmarked for Reserved Category and thereby migrate to reservation category. It is submitted that the petition filed by the petitioner be allowed and necessary direction be issued.

(3.) LEARNED counsel for respondents submits that at the time when the petitioner applied, the 'Chhattri' caste was not included in the Schedule Tribe. It is true that notification came into force on 01/07/77 which the petitioner was appointed on 01/4/78 at that time also case of the petitioner was not considered as petitioner was in the Schedule Tribe, but he was considered in General Category. It is submitted that in the facts and circumstances of the case, at this juncture the case of the petitioner cannot be considered for promotion as candidate from the Schedule Tribe. It is submitted that the petition has no force and the same be dismissed.