Allahabad High Court Seeks UOI, State Reply On PIL Seeking Inclusion Of Bhat Community In ST Category In UP

The PIL plea, filed by Akhil Bhartiya Bhat Samaj Ekta and its president (Pavnendra Kumar) through Advocate Ghan Shyam Maurya, argues that the Bhat community remains classified as a DE-notified tribe even after 75 years of independence and that their inclusion in the ST category is long pending.

The PIL plea also prays that the respondents be directed to provide reservations to the BHAT Community as Scheduled Tribes in Public Employment.

Hearing the matter on July 18, a bench of Justice Manoj Kumar Gupta and Justice Manish Kumar Nigam directed the Union of India and the UP government to file their responses. The matter has been listed for further hearing on August 22.

The PIL plea states that the Bhat Community, a Denotified Tribe settled in certain districts of the State, was granted special status by a Government Order (in May 1961), which provided that, for purposes of education, academic, and social welfare schemes, Denotified Tribes should be treated as Scheduled Tribes for reservation in public employment across various states in India.

They argue that despite living a settled life in various districts of Uttar Pradesh and benefiting from the state's social welfare schemes, they have not been granted reservations in public employment and educational institutions, which they are entitled to receive.

The PIL plea further submits that in June 2013, the Uttar Pradesh (UP) State Government issued an order to all District Magistrates and Commissioners listing the denotified tribes eligible for Caste Certificates as Denotified Tribe (Vimukt Jati), specifically including the 'Bhat' community at Serial No. 07 under denotified tribes (Kha).

Though the State Government recognized the Bhat community as a Denotified Tribe/Vimukt Jati in the order dated June 2013 and issued them Caste Certificates acknowledging them under the SC/ST category, however, the PIL plea highlights that despite this recognition, the Bhat community has not received the benefits in public employment and educational institutions that are typically accorded to SC/ST categories.

“the Central and State Governments have also classified various caste from time to time, but till date BHAT Caste fall in denotified tribes has not been categorized as a Scheduled Tribes even after coming under the scheduled tribes,” the PIL plea submits.

The petitioners have stated in their PIL plea that other denotified tribes, i.e. Banjara, Bhar, Gandeela, Mallah, Kewat, Mewati, Natt, Goojar, Gond, Bhotia, Buksa, Jannsari, etc., who have been kept under the OBC, Scheduled Caste, and Scheduled Tribes in different districts of U.P., are getting the benefit of reservation in public employment and education.

Still, the PIL plea states that the BHAT community has been deprived of the aforesaid benefits, which are discrimination and violation of Articles 14, 15, 16 and 21 of the Constitution of India.

It is also argued that the members of this community have made several representations to the higher authorities. However, no action has been taken to include them in the SC list.

Due to this inaction, the PIL plea adds that the entire BHAT Community suffers from their fundamental rights to life, which are guaranteed under Articles 14, 15, 16, and 21 of the Constitution of India.

“After 75 years of independence, the petitioners' community has still been kept under the denotified tribes, though they are living settled life in different District of Uttar Pradesh, getting benefit of Social Welfare Scheme of State, but they have not provide reservation in public employment and educational institutions, while they are entitled for the same,” the PIL plea states.

The matter will be heard on August 22.

Case title - Akhil Bhartiya Bhat Samaj Ekta And Another vs. Union Of India And 4 Others

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