AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. Lambat , the learned counsel for petitioner.
By this writ petition, the petitioner has prayed that by a writ of mandamus and/or certiorari and/or any other appropriate writ, order or direction, respondents be directed to include the community "Dhobi" in the list of scheduled castes. It is further prayed by the petitioner that it be held and declared that denial of inclusion of the community Dhobi in the list of Scheduled Castes amounts to a fraud on the Constitution and thus, ultra-vires the Constitution.
At the outset, it may be stated that the Court by declaration cannot exclude or include the caste in the Constitution Scheduled Caste Order, 1950 and SC and ST Order (Amendment) Act, 1976 nor it is open to the Court to issue directions for addition or substitution of a particular caste in the Constitution Scheduled Castes Order, 1950 or the SC and ST Order (Amendment) Act, 1976. It is not the domain of the Court to examine and hold that a particular caste should be declared scheduled caste. Whether the community ''Dhobi'' should be included and/or deserves to be included in the Scheduled Caste in the State of Maharashtra on the grounds raised or reasons stated in the writ petition lies in the exclusive domain of the President or for the Parliament to amend the law. In Bhaiyalal Vs. Harikishan Singh and Others, , the Apex Court has held that in specifying castes, races or tribes, the President has been expressly authorised to limit the notification to parts of or groups within the castes, races or tribes and that must mean that after examining the educational and social backwardness of a caste, race or tribe, he President may welcome the conclusion that not the whole caste, race or tribe but parts of or groups within them should be specified. Similarly the President can specify castes, races or tribes or parts thereof in relation to parts of the State where he is satisfied that the examination of the social and educational backwardness of the race, caste or tribe justifies such specification.
In Nityanand Sharma and another Vs. State of Bihar and others, , the Apex Court held as under (at p. 787 of AIR SCW) : --
"It is for the Parliament to amend the law and the Schedule and include in and exclude from the schedule, a tribe or tribal community or part of or group within any tribe or tribal community community for the State, District or region tribal community community or part of or group within a community is the bestny tribe or tribal community community for the State It is for the Par for the State, community for the State It is for the par for the State, within a community is the best tribe or tribal community community for the District or region and its community community and his munity for tribe and tribal community community or part of or group within any tribmunity for Tribe District or region and its declaration is conclusive. The Court has no power to declare synonyms as equivalent to the tribe specified in the Order or include in or substitute any caste/tribe etc. It would thus be clear that for the purpose of the Constitution, "Scheduled Tribes" defined under Art. 366(25) as substituted under the Act, and the Second Schedule thereunder are conclusive. Though evidence may be admissible to a limited extend of finding out whether the community which claims the status as Scheduled Caste or Scheduled Tribe, was in fact, included in the concerned Schedule, the Court is devoid of power to include in or exclude from the substitute or declare synonyms to be of a Scheduled Caste or Scheduled Tribe or parts thereof or group of such caste or tribe."
Similarly, in Pankaj Kumar Saha Vs. Sub-Divisional Officer, Islampur and Others, , the Apex Court in para 6 observed as under:--
"It is now settled law that though evidence may be admissible to the limited extent of finding out whether a caste which claims the status as Scheduled Caste or Tribe was in fact included in the Presidential notification as amended under 1976 Act, the Court is devoid of power to include or exclude from or substitute or declare synonyms to be a scheduled caste or scheduled tribe. The Courts would only look into the notification issued by the President to see whether the name finds place in the Notification. Saha caste is expressly excluded from Sunri, a Scheduled Caste notified in the notification issued by the President in relation to the State of West Bengal which is conclusive. The certificate issued to the petitioner is therefore, clearly unconstitutional and a fraud on the Constitution. The petitioner cannot be considered to be a Scheduled Caste."
The aforesaid observations made by the Supreme Court leave no manner of doubt that it is not open to the Courts to issue a writ of mandamus that a particular caste should be declared as scheduled caste or should be included in or excluded from or added or subtracted from the Scheduled Caste. Therefore ,no direction or writ can be issued that community ''Dhobi'' should be included in the scheduled caste in the State of Maharashtra.
No merit is found in the writ petition and the same is accordingly dismissed.
Petition dismissed.