Prasagraj: Allahabad High Court has set aside the order of state government in which two sub-casting gomat – nayak and ojha – are appointed in the Scheduled Tribe category (STS).
While allowing a direct petition to be submitted by Nayak Jan Seva Sanshan, a division bench consisting of the acting Chair of the Munishwar Nath Bhandari and Justice Rajendra Kumar held on August 13 that the government was not empowered to refer to the sub-caste and Oja of Gond nayak as falling inside The tribal category is scheduled (ST), so interpret or replace the 2003 notification of the central government who tells certain caste as scheduled tribes (STS).
In the WRIT petition, the Petitioner’s petition is that the power to issue a notification that states the caste to fall in the Tribe (ST) category scheduled for the central government based on Article 342 of the Indian Constitution and in Gazette Notifications issued on January 8, 2003, to notify certain castees for Scheduled tribes for the top 13 of the state of the upper state.
Then, on July 15, 2020, a notification was issued by the State Government while named several castees in 13 countries according to the notification in 2003.
Further added that two sub-casting gonds, namely, nayak and Ojha were included in the scheduled tribe category.
The Petitioner argues that such references are not in the domain of the state government because they cannot tamper with the 2003 notifications published in sheets in Article 342 of the Indian Constitution.
On the other hand, the request of the state government is that the order of 2020 in the consulting on Gazette notices on January 8, 2003, and the need to issue ordered order caused by malpractics adopted by several people to take caste certificates in a cheat claim to be a candidate for caste gond.
It was debated by the state advice that the command was wrongly taken as an order for both the interpretation or replacement of notification of sheets from the Indian government.
In the submission of the state government, the court clarified that when issuing caste certificates supported the backup caste candidate from the Gond category, the state government would be free to supervise the right application so that the caste certificate could not be taken cheat.
by anyone.
The court after hearing the parties concerned allowed the petition and put aside the State Government’s order on July 15 2020.
HC set aside the order of government that appointed nayak, ojha as sts
