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2009 Supreme(All) 866

SUNIL AMBWANI
BHAIYA LAL – Appellant
Versus
SPECIAL SECRETARY, DEPT. OF EDUCATION – Respondent


Advocates:
Counsel :
L.D. Rajbhar for the Petitioners; K.S. Kushwaha, S.C. for the Respondents.

JUDGMENT

Hon’ble Sunil Ambwani, J.—This second review/recall application filed by the Director, State Shaikshik Anusandhan and Training Parishad, Uttar Pradesh, Lucknow seeks to review/recall the judgment dated 14.7.2004 by which the Court held that so far as Special BTC Course 2004 is concerned, the petitioners belonging to ‘Bhar’ Tribe shall be entitled to be treated as belonging to Scheduled Tribe for the purposes of training, and thereafter if they succeed in the examination, they will be entitled to be considered, in the category of Other Backward Class, for the purposes of employment as Asstt. Teacher in primary schools. A further direction was issued that the petitioner shall be treated as belonging to Scheduled Tribe, subject to verification of his caste certificate, and that his candidature shall be reconsidered along with the Scheduled Tribe categories. In case he successfully completes the training and the examination, he shall be placed in the category of Other Backward Class for appointment.

2. The applicant had earlier filed a review application and thereafter filed a Special Appeal No. 66 of 2006 against the judgment dated 14.7.2004. The special appeal was withdrawn to































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