By the Court.—We have heard Dr. Y.K. Srivastava appearing for the respondent-appellants. Shri S.D. Kautilya assisted by Shri Rajjan Singh appears for the petitioner-respondent.

2. This intra Court special appeal arises out of judgment dated 12.4.2004 of learned Single Judge in a writ petition in which the petitioner claiming to belong to ‘Bhar’ community sought appointment to Special BTC Course, 2001, as a Scheduled Tribe candidate. Learned Single Judge relying upon the orders passed by this Court in Writ Petition No. 879 of 2001, and order dated 16.12.2003 in Writ Petition No. 52462 of 2003, found that the dispute is identical in nature. He found that in the orders referred by him, it was observed that though ‘Bhar’ community treated as ‘Vimukti Jati’, by the notification issued by the State Government from time to time has not been notified as Scheduled Tribe under Article 342 of the Constitution of India, the members of ‘Bhar’ community are entitled to special benefits under the Government Orders for the purposes of their upliftment including the training for teaching. The Special BTC course is a condensed course for training for ultimate appointment as Asstt. Teachers i