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2017 Supreme(Pat) 75

HEMANT GUPTA, SUDHIR SINGH
Kishori Das, son of late Bhukhnu Das – Appellant
Versus
State of Bihar through the Chief Secretary Govt. of Bihar, Patna – Respondent


Advocates Appeared:
For the Petitioners: Basant Kumar Choudhary, Mr. Arvind Kumar
For the Respondents-State: Mr. Anjani Kumar, Mr. Ajit Kumar Jha
For the Commission : Mr. Din Bandhu Singh
For the Intervenors : Mr. Y.V. Giri, Mr. Chitranjan Sinha, Mr. Brajesh Kumar, Mr. Manoj Kr. Gupta, Mr. Manish Kumar, Mr. Kumar Brijnandan, Mr. Aslam Ansari, Mr. Chandramauli Chaurasia, Mr. Pawan Kumar Chourasia, Mr. Anand Kumar, Mr. Mithilesh Kumar Gupta, Mr. Hari Narayan Gupta, Mr. Parmand Prasad, Mr. Shiv Shankar Sah

JUDGMENT :

The challenge in the present petition is to the Notification dated 22nd April, 2015, published in the Extra-ordinary official Gazette by the State Government on 28th April, 2015 whereby the Teli (Hindu and Muslim) and Tamoli castes were deleted from Schedule-II of the category of Other Backward Classes (for short, ‘OBC’) and included in Schedule-I of the Extremely Backward Classes (for short, ‘EBC’) of the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1991 (for short, ‘the Act’).

2. It is alleged that the State has acted unjustifiably by providing a favourable, easy and convenient competition to caste Teli to compete with EBC and unprivileged Section and thereby to keep the major share of jobs. It is alleged that caste Teli is a prosperous advanced backward caste, who is suitably placed with other equal castes like Yadav, Koeri, Vaishya and Kurmi and their inclusion in Schedule-I will result in competition amongst unequal resulting in gross injustice to the members of EBC. It is alleged that the report and recommendation submitted by the Bihar State Commission for Backward Classes (for short, ‘











































































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