B.C.BASAK, CHOUDHARY, S.N.MISHRA
Bihar Lohar (scheduled Tribes) Utthan Mahasabha – Appellant
Versus
state of Bihar – Respondent
C.W.J.C. No. 12153 was directed to be listed today along with other similar matters referred to above. By mistake it has not been listed. Let it be treated as on day's list along with other similar matters. All these matters are being disposed of by this common judgment and order.
It is unfortunate that a controversy has been allowed to be raised on a point by a division Bench of this Court by way of differing from another earlier division Bench of this Court and that again after the earlier division Bench has been affirmed by the supreme court in an appeal arising out of the same.
The question involved in all these matters before us and in earlier Division Bench an supreme court judgments is whether a person who is "Lohar" by caste is a member of "Scheduled Tribe" in view of notification issued by the President of India in the Year 1976. The first judgment to be noticed in this context is a judgement of the Supreme Court dated 12th September 1990 passed in civil Appeal no. 4631/90. We quote herein below the said judgment of the Supreme Court.
"Order"
Special leave granted.
The short point raised in this appeal is as to whether the Central Administrative Tribunal was right in hol
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