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Allahabad High Court Grants 4 Weeks' Time To UP Govt To Decide On Representations Seeking Inclusion Of Rajbhar Community In ST List
Sparsh Upadhyay
10 Sep 2022 7:35 AM GMT
The Allahabad High Court has granted 4 weeks' time to the UP Government to comply with the court's order (dated March 11, 2022) wherein it was directed to take a decision over the representations forwarded to it by the Centre seeking inclusion of the State's Rajbhar community in the list of Scheduled Tribes.The bench of Justice Rohit Ranjan Agarwal has issued this direction on a contempt...
The Allahabad High Court has granted 4 weeks' time to the UP Government to comply with the court's order (dated March 11, 2022) wherein it was directed to take a decision over the representations forwarded to it by the Centre seeking inclusion of the State's Rajbhar community in the list of Scheduled Tribes.
The bench of Justice Rohit Ranjan Agarwal has issued this direction on a contempt plea filed by Jago Rajbhar Jago Samiti stating that the Principal Secretary, Social Welfare Department of UP Govt had failed to take a decision over the inclusion of Rajbhar caste in the list of Scheduled Tribes as per Court's order.
Essentially, on March 11, the bench of Justice Siddhartha Varma and Justice Dinesh Pathak had issued a direction to the Principal Secretary, Social Welfare Department, UP Govt to take a decision on the representations, forwarded to the department by the Central Government within a period of two months in accordance with the law.
This order was passed on a plea moved by C/M Jago Rajbhar Jago Samiti through Advocate Agnihotri Kumar Tripathi.
Read more about the Court's order here: Allahabad HC Directs UP Govt To Take Decision On Representations To Include Rajbhar Community In ST List In 2 Months
Now, when that order was not complied with, the instant contempt plea was moved by C/M Jago Rajbhar Jago Samiti And Another, wherein it was alleged that the High Court's order was deliberately and willfully disobeyed.
It was alleged that despite the service of the said order, the contemnor/opposite party had not taken a decision on the applicant/petitioner's representation forwarded to the Central Government. On August 18, 2022, the High Court issued a contempt notice to the Principal Secretary, pursuant to which, an affidavit was filed before the Court on September 9, stating that on August 4, 2022, it had issued an order complying with Court's order.
However, the counsel for the applicant argued that no such decision was taken either rejecting the representation or allowing the same and rather, the authorities had stated that some more time will be consumed in taking the decision.
In view of this, the Court found that the order of writ Court had not been complied with and therefore, the Court directed the State authorities to strictly comply the order of the Court and take a final call within a period of four weeks.
With this, the matter was posted for further hearing in the 3rd week of October 2022.
Case title - C/M Jago Rajbhar Jago Samiti And Another v. Himanshu Kumar,Principal Secretary
Click Here To Read/Download Order
