Dilip Gupta, J. - (1.) THE claim of the Petitioner for being sent for training by distance education under the Government Order dated 11th July, 2011 as a candidate belonging to the Scheduled Tribe category has not been considered for the reason that Mallah Tribe which is a Vimukt Tribe cannot be treated to be a Scheduled Tribe.
(2.) LEARNED Counsel for the Petitioner has submitted that in view of the decision of this Court in Writ Petition No. 25142 of 2002 (Bhaiya Lal and Anr. v. Special Secretary Deptt. of Education U.P. and Ors.) decided on 14th July, 2004, the Petitioner should be treated as a candidate belonging to the Scheduled Tribe since he is a Mallah and is Vimukt Tribe. Learned Standing Counsel, on the other hand, placed reliance upon a judgment of this Court in Writ Petition No. 18236 of 2011 (Vijay Kumar v. State of U.P. and Anr.) decided on 8th April, 2011 in which it has been held that the State Government cannot issue any Government Order or circular that denotified Tribes become entitled for the benefit meant for Scheduled Tribes.
(3.) I have considered the submissions advanced by learned Counsel for the parties.;