AMRESHWAR PRATAP SAHI,J. - (1.) THE present petition is filed by a Member of the KOL community, who has prayed for quashing of the order dated 26.10.2009 whereby his request for admission in special BTC 2008 as a candidate has been rejected.
(2.) THE claim of the petitioner is that he belongs to a Schedule Tribe category and, therefore, he deserves the said benefit. The said claim has been rejected on the ground that the Caste of KOL is not within the Schedule Tribe category and, therefore, the petitioner cannot claim such benefit. The petitioner has further challenged the Notification dated 4.7.2007 whereby the earlier Notification dated 10.10.2005 was rescinded and the benefit of placement of the KOL community as a Schedule Tribe had been withdrawn by the State Government. The contention raised on behalf of the petitioner is that the KOL community is treated to be a Schedule Tribe in various other States and since they are culturally a Schedule Tribe and not a Schedule Caste, therefore, they are entitled to the said benefit. The petitioner has cited examples of Madhya Pradesh, Chhatisgarh, Jharkhand, Bihar and Orissa, to contend that such benefits have been extended to the KOL community as a Schedule Tribe. It has been further contended that the withdrawal of the benefit is absolutely unjustified and unconstitutional.
(3.) LEARNED Standing Counsel contends that in the absence of a presidential order, the petitioner cannot claim any such benefit.;