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Synopsis

The Allahabad High Court has on July 18, 2024, issued notices to the Union of India (UOI) and the Uttar Pradesh state government, seeking counter affidavits in a Public Interest Litigation (PIL) plea for including the Bhat community in the Scheduled Tribes (ST) category in Uttar Pradesh.

Filed by Akhil Bhartiya Bhat Samaj Ekta and its president Pavnendra Kumar through Advocate Ghan Shyam Maurya, the PIL argues that despite 75 years of independence, the Bhat community remains classified as a denotified tribe and their inclusion in the ST category is overdue.

The PIL requests that the Bhat community be granted reservations in public employment as Scheduled Tribes.

A bench of Justice Manoj Kumar Gupta and Justice Manish Kumar Nigam heard the matter on July 18 and directed the Union of India and the UP government to file their responses. The next hearing is set for August 22.

The PIL notes that the Bhat community, a denotified tribe in certain districts of Uttar Pradesh, was granted special status by a government order in May 1961. This order provided that for purposes of education and social welfare schemes, denotified tribes should be treated as Scheduled Tribes for reservation in public employment across India.

Despite benefiting from the state's social welfare schemes, the Bhat community has not been granted reservations in public employment and educational institutions, which they are entitled to receive, the plea states.

In June 2013, the Uttar Pradesh government issued an order listing the denotified tribes eligible for caste certificates, specifically including the Bhat community. However, the PIL highlights that despite this recognition, the Bhat community has not received the benefits typically accorded to SC/ST categories.

The plea emphasizes that other denotified tribes in different districts of Uttar Pradesh, such as Banjara, Bhar, Gandeela, and others, receive reservations in public employment and education, while the Bhat community does not. This situation is described as discrimination and a violation of Articles 14, 15, 16, and 21 of the Indian Constitution.

The petitioner argues that despite several representations to higher authorities, no action has been taken to include the Bhat community in the SC list, resulting in a violation of their fundamental rights. 

The matter will be next heard on August 22.

Case Title: Akhil Bhartiya Bhat Samaj Ekta And Another v. Union Of India And 4 Others