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2022 Supreme(Jhk) 624

RAJESH SHANKAR
Dasrath Prasad Sharma – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Amritansh Vats, Kunal Priyam.
For the Respondents: Ashutosh Anand, Ashish Kr. Thakur, Sharad Kaushal, Binit Chandra, Rishi Bharati, Anil Kumar, Shiv Kumar Sharma.

ORDER :

1. The present writ petition has been filed for quashing letter no. 6493 dated 13.08.2019 (Annexure-9 to the writ petition) and the report prepared by the respondent no. 3-Director, Dr. Ram Dayal Munda Tribal Welfare Research Institute, Government of Jharkhand, Ranchi attached with letter no. 381 dated 03.08.2018 (Annexure-9/1 to the writ petition), whereby the caste “Lohar” has been considered under Other Backward Caste (OBC) category, rather than Schedule Tribe. Further prayer has been made for issuance of direction upon the respondents to declare the caste “Lohar” under Schedule Tribe category in the light of Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 [Act No. 108 of 1976 issued by Government of India] (Annexure-1 to the writ petition) and Article 342 of the Constitution of India. The petitioner has also prayed for issuance of direction upon the respondents to ensure that the concerned authorities of the Government of Jharkhand forthwith issue caste certificates of “Scheduled Tribe” to the members of “Lohar” caste and provide the benefits of reservation in accordance with the reservation rules as also in the light of the Act, 1976 and Article 342 o

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