Ashwani Kumar Mishra, J. - (1.) This petition has been filed for a direction upon the respondents to consider the candidature of the petitioner in BTC Training Course, 2015. While entertaining the writ petition, following orders were passed on 18.10.2016:- Submission is that persons with lower merit have been selected. It is contended that petitioner had secured 181.87 marks, whereas the cut of marks was notified as 169.60 in respect of DIET, Jaunpur. Contention is that respondents have acted in an arbitrary manner in non-suiting the petitioner's claim. Learned Standing Counsel may obtain instructions from the respondent no. 4. Put up as fresh on 24th October, 2016.
(2.) Learned Standing Counsel has obtained instructions. It is stated on behalf of the respondent that the petitioner belongs to other backward class being 'Bhar' and the last cut off for male Scheduled Tribe category is 187 and the petitioner is not entitled to be sent for training as per his respective merit.
(3.) Learned counsel for the petitioner states that his caste 'Bhar' essentially is a 'tribe', which was initially notified as criminal tribe and by virtue of Government Order dated 12.5.1961, the Government de-notified vagrant tribes and various relaxations were offered to these tribes. It is stated that petitioner being a member of erstwhile vagrant tribe, in terms of the notification issued in the year 1961, is entitled to be treated as Schedule Tribe as it was a scheme envisaged for the social advancement of these tribes. Reliance has also been placed upon a decision of this Court in Writ Petition No. 25142 of 2004 as well as the order passed by this Court in Writ Petition No. 38241 of 2003, decided on 25.9.2003.;