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2010 Supreme(All) 467

ARUN TANDON, C. K. PRASAD
STATE OF U. P. – Appellant
Versus
SHIV KUMAR BHARDWAJ – Respondent


Advocates:
Counsel :
M.S. Pipersenia, S.C. for the Appellants; L.D. Rajbhar for the Respondents.

JUDGMENT

By the Court.—All these appeals arise out of a common judgment dated 10.03.2004 passed by a learned Single Judge in Civil Misc. Writ Petition No. 2958 of 2004, Civil Misc. Writ Petition No.3357 of 2004, Civil Misc. Writ Petition No. 3359 of 2004 and analogous petitions.

2. Shorn of unnecessary details, facts giving rise to the present appeals are that the writ petitioner - respondents (hereinafter referred to as the ‘respondents’) were candidates for admission to B.T.C. Course - 2001. For welfare of Backward Classes and for grant of concession to the most backward amongst the Backward Classes, the State Government by Order dated 12th May, 1961 decided to issue list of De-notified and Vagrant Tribes. It has been observed in the said Order that ‘though there are no Scheduled Tribes recognised as such in this Pradesh yet there are certain tribes residing in the State which deserve special attention in the same way as is available to Scheduled Tribes in other States’. The notification itself included few tribes and it further provided that lists of De-notified and Vagrant Tribes shall be issued separately. In the list of De-notified Tribes, the community Bhar is amongst the De-




























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