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Showing contexts for: tribe defined in Ashutosh Kumar vs The State Of Bihar on 3 March, 2025Matching Fragments
11. It is to be noted that as on the date of interview, namely, 02.04.2022, and recommendation of the appellant's name on 06.05.2022, Government Gazette Notification dated 23.08.2016 insofar as inclusion of 'Lohar Caste in Scheduled Tribes List' was not existing in the eye of law in the light of Hon'ble Supreme Court decision. Moreover as on the date of inclusion of the Appellant's name in the select list or on the date of recommendation of his name, the State Government issued notification vide Memo No.6026 dated 19.04.2022 in cancelling Caste Certificate of Lohar (ST) while restoring reservation under EBC. This was not appreciated by the Selecting authority on 06.05.2022 that Appellant's name cannot be considered under ST category. The cited decisions on behalf of the Appellant are not assisting the Appellant's case on factual aspects of the matter. He cannot have benefit of social Patna High Court L.P.A No.399 of 2022 dt.03-03-2025 reservation of ST which is not existing in the eye of law insofar as 'Lohar' Caste. Moreover inclusion of any Caste under SC/ST is vested with the Hon'ble President of India under Article 341/342 respectively of the Constitution. Scheduled Tribes is defined in the Constitution under Article 366(25) thereof. It reads as under: