Nayak Caste ko Schedule Tribe (ST) caste Mein Intrim Tor Par Court ne Niyukti ka Deeya Aadesh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 7
Case :- WRIT - A No. - 9578 of 2016
Petitioner :- Renu Nayak
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Krishna Mohan Misra
Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioner claims that she is 'Nayak' by caste, which comes under the Scheduled Tribes category. The dispute with regard to the fact that 'Nayaks' are ST or not is engaging the attention in a large number of matters. In one such writ petition i.e. Misc. Bench No. 9070 of 2014 (Devesh Kumar Nayak and others v. State of U.P. & others), an interim order dated 12th September, 2014 has been passed. By the said interim order, a general order by which the Nayaks were omitted from the Scheduled Tribes category, has been stayed.�
Learned Counsel for the petitioner states that the said interim order is still continuing.
The petitioner is stated to have secured 96 out of 150 marks in U.P. Teacher Eligibility Test-2011 (Primary Level) and was called in the second round of counselling, wherein she claims that her name is in the select list.
Learned Counsel for the petitioner has drawn the attention of the Court to an order dated 10th July, 2015 passed by this Court in a matter of similarly placed person i.e. Writ-A No. 31543 of 2015 (Suyanka Nayak v. State of U.P. & others). Relevant part of the said order reads as under;
"Considering the facts and ciurcumstances of the case, in the meantime, it is directed that if the petitioner has qualified and otherwise elgible, he may be appointed provisionally. It would be clearly mentioned that his appointment shall abide by the result of the writ petition no. 9070(M/B) of 2014 which is pending at Lucknow Bench."
Learned Standing Counsel appears for the State functionaries, and Sri Sunil Kumar Singh, learned Advocate has accepted notice on behalf of the fourth respondent.�
As prayed by them, six weeks' time is granted to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
List in the week commencing 25th April, 2016.�
The benefit of the interim order dated 10.7.2015 passed in Writ-A No. 31543 of 2015, extracted above, is extended to the petitioner also.
Needless to say that no right shall accrue in favour of the petitioner because of this order.
Order Date :- 1.3.2016
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