GURUKUL KANGRI UNIVERSITY, HARDWAR AND ANOTHER Vs. KM. PARUL YADAV
HIGH COURT OF UTTARAKHAND
Gurukul Kangri University, Hardwar And Another
Km. Parul Yadav
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Barin Ghosh, C. J. -
(1.) FACTS of these appeals and the law applicable in relation thereto being identical, we have decided to dispose of these two appeals by this common judgment and order. In these appeals, we are concerned with two respondents before us, one of who belong to "Kahar" community and the other belong to "Yadav" community, who are seeking admission to the appellant/University for undertaking M.Sc. course.
(2.) ARTICLE 340 of the Constitution of India authorized appointment of a Commission to investigate the conditions of backward classes. The purpose of appointing a Commission was to enable it to make recommendations as to the steps that should be taken by the Union or any State to remove difficulties and to improve the conditions of Backward Class communities and as to the grants that should be made for the purpose of removing such difficulties and to improve their conditions. The Commission, as contemplated by the said Article, was to be appointed by the President of India. Accordingly, by a Central Act notified on 2nd April, 1993 and known as "National Commission for Backward Classes Act, 1993", the Backward Classes Commission was constituted. The said Commission, upon discharging its continuous obligations, made recommendations to the Central Government from time to time. Central Government, accepting such recommendations, from time to time published lists of those communities who are to be acknowledged as Backward Class communities. First of such lists was notified on 10th September, 1993. In the said list, from time to time, modifications were effected. Last of such modification was effected on 16th January, 2006. In the list, so notified, it was indicated that which community of which State shall be recognized as belonging to Backward Class communities. There is no dispute that in the list, so published on 10th September, 1993, both the communities known as "Kahar" community and "Yadav" community were shown as belonging to Backward Class communities for the State of Uttar Pradesh. There appears to be no dispute, also, that while modifications to the said list was effected until 16th January, 2006, said communities were not discarded from the list of Other Backward Class communities. By the Uttar Pradesh Reorganization Act, 2000, carving out a part of the State of Uttar Pradesh, the State of Uttarakhand was created. Section 86 of the said Act provided that such carving out shall not be deemed to have affected any change in the territories to which the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1961 and any other law in force immediately before the appointed day, i.e. 9th November, 2000, extends or applies, and territorial references in any such law to the State of Uttar Pradesh shall, until otherwise provided by a competent Legislature or other competent authority be construed as meaning the territories within the existing State of Uttar Pradesh before the appointed day.
(3.) IN the circumstances, central list of backward classes applicable to the State of Uttar Pradesh continued to apply to the territory of the State of Uttar Pradesh, which became State of Uttarakhand by reason of the Uttar Pradesh Reorganization Act, 2000.;
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