Vijay Kumar vs State of U.P. and Another

Krishna Murari, J.—Heard learned Counsel for the Petitioner and learned Standing Counsel for the Respondents.

Petitioner, who belongs to ''Aheriya Tribe'' applied for B. T. C. Training-2010. When he was not selected, he approached this Court making a grievance that his candidature should have been considered under Scheduled Tribe category since Aheriya Tribe is a Vimukt Tribe and thus falls under Scheduled Tribe. The writ petition was disposed of with direction to the Principal, District Institute of Education and Training, Bulandshahr to consider the claim of the Petitioner. By means of an order dated 6.12.2010 his case has been rejected on the ground that Aheriya caste which is a Vimukt Tribe cannot be treated to be Scheduled Tribe.

Learned Counsel for the Petitioner has placed reliance upon a Government Order issued by the State Government filed as Annexure ''5'' to the writ petition notifying that ''Aheriya Tribe'' which is a denotified tribe falls under the Scheduled Tribe. It is contended that in view of the said Government Order, the Petitioner is entitled to be extended the benefits and reservation admissible to Scheduled Tribe.

Learned Standing Counsel has pointed out that issue stands settled by a Division Bench judgment of this Court dated 04.02.2005 in Special Appeal No. 89 of 2005 wherein it has been held that State is not competent to bring such circular/Government Order. The issue was also considered in the case of Vicse Verma and Another Vs. State of U.P. and Others, . It is conceded by the learned Counsel for the Petitioner that issue stands settled by the aforesaid two Division Bench judgments that the State Government cannot issue any such Government Order or circular so that denotified tribes become entitled for the benefit meant for Scheduled Tribes.

In view of the settled law on the point, no illegality is reflected in the impugned order which may warrant interference in rejecting the claim of the Petitioner for extending the benefit of Schedule Tribe.

The writ petition accordingly fails and stands dismissed.