PRAYAGRAJ: The Allahabad high court has directed the Uttar Pradesh government to take a decision within two months on the representation seeking inclusion of the Bhar/Rajbhar community of Uttar Pradesh in the list of Scheduled Tribes (STs). Till now, this community was treated as part of other backward class (OBC) in the state.
Disposing a writ petition filed by Jago Rajbhar Jago Samiti and another, a division bench comprising Justice Siddhartha Varma and Justice Dinesh Pathak observed that since the Central government has forwarded the petitioner’s representation to the UP government, therefore, no useful purpose would be served to keep the matter pending before this court.
Earlier, Agnihotri Kumar Tripathithe counsel for the petitioner, had contended that keeping in view the past records, the Bhar/Rajbhar community should be treated as Scheduled Tribe, but the state government has given them the status of other backward castes (OBC). The members of this community are very much found in the eastern part of Uttar Pradesh.
According to the petition, the petitioner had applied through a sitting MLA for inclusion in the Rajbhar community of Uttar Pradesh state in the list of Scheduled Tribes (ST). The matter reached the Central Government, which had written on October 11, 2021 to the principal secretary, social welfare department, government of Uttar Pradesh, that it could not process the matter unless the proposal for including Bhar/Rajbhar community in the list of Scheduled Tribes (ST) had been processed by the state government.
After hearing all sides, the court noted that nowhere from the record it transpired that the petitioners had approached the appropriate authority of the state government. Further, the communication dated October 11, 2011 of the Central government further revealed that the representations, which the petitioners had sent to the various authorities, had been forwarded to the principal secretary, social welfare department, government of Uttar Pradesh, for taking actions.
In its order dated March 11, while observing that “under these circumstances, no useful purpose would be served by keeping this writ petition pending before the high court, the division bench accordingly directed the principal secretary, social welfare department, government of Uttar Pradesh to take a decision on the representations, which have been forwarded to him by the Central government within a period of two months in accordance with law.
Disposing a writ petition filed by Jago Rajbhar Jago Samiti and another, a division bench comprising Justice Siddhartha Varma and Justice Dinesh Pathak observed that since the Central government has forwarded the petitioner’s representation to the UP government, therefore, no useful purpose would be served to keep the matter pending before this court.
Earlier, Agnihotri Kumar Tripathithe counsel for the petitioner, had contended that keeping in view the past records, the Bhar/Rajbhar community should be treated as Scheduled Tribe, but the state government has given them the status of other backward castes (OBC). The members of this community are very much found in the eastern part of Uttar Pradesh.
According to the petition, the petitioner had applied through a sitting MLA for inclusion in the Rajbhar community of Uttar Pradesh state in the list of Scheduled Tribes (ST). The matter reached the Central Government, which had written on October 11, 2021 to the principal secretary, social welfare department, government of Uttar Pradesh, that it could not process the matter unless the proposal for including Bhar/Rajbhar community in the list of Scheduled Tribes (ST) had been processed by the state government.
After hearing all sides, the court noted that nowhere from the record it transpired that the petitioners had approached the appropriate authority of the state government. Further, the communication dated October 11, 2011 of the Central government further revealed that the representations, which the petitioners had sent to the various authorities, had been forwarded to the principal secretary, social welfare department, government of Uttar Pradesh, for taking actions.
In its order dated March 11, while observing that “under these circumstances, no useful purpose would be served by keeping this writ petition pending before the high court, the division bench accordingly directed the principal secretary, social welfare department, government of Uttar Pradesh to take a decision on the representations, which have been forwarded to him by the Central government within a period of two months in accordance with law.