Saturday, March 25, 2023

Allahabad High Court seeks reply from center and state in petition against inclusion of Biyar community in backward instead of scheduled tribe

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The Allahabad High Court has sought a reply from the Center and the state government in four weeks on the petition against the inclusion of the Biyar community of Uttar Pradesh in the backward classes instead of the scheduled tribe.

The Division Bench of Justice Manoj Misra Vikas Budhwar passed this order while hearing a petition filed by Dinesh Kumar Biyar.

It has been argued by the counsel for the petitioner that Biyar/Biar community was notified as Scheduled Tribe vide notification dated 20.09.1951 for the State of Vindhya Pradesh.

Consequent to State Reorganization Act, 1956, Vindhya Pradesh got merged into several States including the State of U.P and therefore the status of Biyar/Biar community as that of Scheduled Tribe ought to have been preserved and not converted into other backward classes for the State of U.P, particularly, when the State of Madhya Pradesh continues to confer it a Scheduled Tribe status, the Court noted.

The Court observed that the matter requires consideration.

The Court allowed four weeks time for respondents to file counter affidavits and two weeks time for the petitioner to file a rejoinder affidavit.

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