PANKAJ KUMAR SAHA versus THE SUB-DIVISIONAL OFFICER, ISLAMPUR AND ORS.

Citation: [1996] 2 S.C.R. 468 · Decided: 12-02-1996 · Supreme Court of India · Bench: K. RAMASWAMY, G.B. PATTANAIK · Disposal: Dismissed

Judgment (excerpt)

A 
.B 
PANKAJ KUMAR SAHA 
v. 
THE SUB-DIVISIONAL OFFICER, ISLAMPUR AND ORS. 
FEBRUARY 12, 1996 
[K. RAMASWAMY AND G.B~ PATTANAIK, JJ.] 
Scheduled Castes and Scheduled Tlibes orde1; 1950/Scheduled Castes 
and Scheduled Tribes Orders (Amendment) Act, 1976: 
C 
Issue of SC/ST ce1tificate-State of West Bengal-Sumi(excluding 
D 
E 
Saha) a Scheduled Caste-Saha caste expressly excluded from Sumi in the 
notification issued by the President-Conclusive of-Court would only look 
into the notification issued by the President to see whether the name finds a 
place in the notification-Since it is not there, the Ce1tificate issued is uncon-
stitutional-Constitution of India, A1ticles 341(1), 366(24). 
Nityananda Shanna and Anr. v. State of Bihar & Ors., JT (1996) 2 SC 
117, referred to. 
CIVIL APPELLATE JURISDICTION: Special Leave Petition (C) 
No. 4680 of 1996. 
From the Judgment and Order dated 25.4.94 of the Calcutta High 
Court in appeal from Original Order T. No. 2878 of 1992. 
S.B. Sanyal and Ranjan Mukherjee for the Petitioners. 
F 
The following Order of the Court was delivered : 
This Special Leave Petition is filed against the order of the Calcutta 
High Court dated April 25, 1994 made in Original Order T. No. 2878/92. 
Petitioner's brother Amal Kumar Saha was granted a Scheduled 
G Caste certificate on January 15, 1982 and the petitioner was granted a 
certificate on January 22, 1982. The certificate granted to the elder brother 
was cancelled on December 20, 1986, said elder brother approached the 
High Court by way of writ application under Article 226 of the Constitution 
which was registered as C.O. No. 7629 of 1988. The said "Writ application 
H 
w~s disposed of directing petitioner's brother to file a representation. Even 
468 
} 
. 
.... .
i 
P.K. SAHA v. SUB-DIVNL. OFFICER 
469 
the representation of the brother was rejected by order dated December A 
18, 1991. The petitioner was served with a notice dated January 6, 1992 
calling upon him to show cause as to why the certificate granted to him 
would not be cancelled. The petitioner appeared before the authority and 
filed his show cause. Finally, by order dated July 9, 1992, the certificate 
was cancelled. The petitioner's elder brother challenged the order of B 
cancellation of his certificate by filing a writ petition, which is still pending. 
But the petitioners' writ petition, challenging the order of cancellation was 
dismissed by the learned single Judge on August 27, 1992 and the Division 
Bench dismissed the appeal in limine on April 25, 1994. Hence the special 
leave petition. 
c 
When the matter had come up on the last occasion, we directed the 
learned counsel to produce the Presidential notification published under 
Art. 341(1) of the Constitution which has been made part of the record. It 
discloses that as regards the State of West Bengal, item No. 57 Sunri 
(excluding Saha) has been declared to be Schedule Caste. Admittedly, the D 
name of the petitioner has been described as Saha. He claimed the status 
as Sunri, a Scheduled Caste. 
Article 366(24) defines "Scheduled Castes" to mean such castes, races 
or tribes or part of or groups within such castes, races or tribes as are 
deemed under Article 341 to be Schedule Castes for the purpose of this E 
Constitution. Article 341(1) provides that the President may with respect 
to any State or Union Territory and where it is a State,after consultation 
with the Governor thereof, by public notification, specify the castes, races 
or tribes or parts of or groups within castes, races or tribes which shall for 
the purposes of this Constitution be deemed to be Scheduled Castes in F 
relation to that State or Urban Territory, as the case may be. 
It is seen that in exercise of the said power, the President had issued 
the public notification which is called Scheduled Castes and Scheduled 
Tribes Order, .1950 and has been amended in 1976 after the Scheduled 
Castes and Schedule Tribes Orders (Amendment) Act, 1976 was made. As G 
indicated earlier, Sunri (excluding Saha) is a Scheduled Caste for the 
purpose of State of West Bengal. The petitioner admittedly bears the name 
of Saha. The authorities found as a fact that for over a century the 
petitioner's family are Saha by caste. The president after consultation with 
the Governor, has excluded Saha, a liquor business community as H 
j 
470 
SUPREME COURT REPORTS 
[1996) 2 S.C.R. 
A Scheduled Caste. Though some scheduled Castes by name Sunri adopted 
tappi

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