HC quashes UP government’s order to nominate two Gond sub-castes in ST category

The Allahabad High Court has set aside the Uttar Pradesh government's order to nominate two Gond sub-castes Nayak and Ojha in the ST category.  (File photo: ANI)

The Allahabad High Court has set aside the Uttar Pradesh government’s order to nominate two Gond sub-castes Nayak and Ojha in the ST category. (File photo: ANI)

A division bench of Acting Chief Justice MN Bhandari and Justice Rajendra Kumar passed the order while allowing a petition filed by Nayak Jan Seva Sansthan.

  • PTI Allahabad
  • Last Update:August 19, 2021 23:54 IS
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The Allahabad High Court has set aside the Uttar Pradesh government’s order to nominate two Gond sub-castes Nayak and Ojha in the ST category. A division bench of Acting Chief Justice MN Bhandari and Justice Rajendra Kumar passed the order while allowing a petition filed by Nayak Jan Seva Sansthan.

The petitioner argued that the UP government cannot notify castes in the Scheduled Tribe (ST) category as the power to declare it rests with the central government under Article 342 of the Constitution.

The state government had issued a notification in this regard on July 15 last year. After perusing the relevant provisions and rules, the court observed that the State Government does not have the power to interpret the notification of the Central Government in this regard or to issue replacement orders.

The court thus allowed the petition and set aside the order of the State Government dated July 15, 2020.

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