LexSHREE SURAT VALSAD JILLA K.M.G. PARISHAD versus UNION OF INDIA AND ORS.
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SHREE SURAT VALSAD JILLA K.M.G. PARISHAD A v. UNION OF INDIA AND ORS. MAY09, 2007 [S.B. SINHA AND MARKANDEY KA TJU, JJ.] B Constitution (Scheduled Caste) Order, 1950-Schedule I-Amendment of Schedule-Excluding sub-caste'Mochi' outside Dang District and Umargaon Taluka of Va/sad District of Gujarat-Validity of-Held: Amendment is valid- C The Order of 1950 is exhaustive-It is not for the court to render its opinion regarding decision of President in confining inclusion of the Caste 'Mochi' within a particular area-Constitution (Scheduled Caste) Order 2nd Amendment, 2002-Constitution of India, 1950-Article 341-Judicial Review. Public Distribution-Dealership in Petroleum products-Reserved for D Scheduled castes candidate-Allotment of-To the candidate belonging to 'Mochi' caste-By amendment to Constitution (Scheduled Caste) Order, 1950 caste 'Mochi' excluded from the Schedule-Validity of allotment-Held: Dealership liable to be cancelled in view of the amendment-Constitution (Scheduled Caste) Order, 1950. By Constitution (Scheduled Caste) Order 2nd Amendment, 2002, 'Mochis' outside the Dang District and Umargaon Taluka ofValsad District E in the State of Gujarat were excluded from Schedule I to the Constitution (Scheduled Caste) Order 1950. A Notification to that effect issued by Central Government was adopted by State of Gujarat by a Resolution dated 18.2.2003. The amendment and the resolutions were challenged and the High Court F upheld the validity thereof. Hence, the two appeals. Third appeal pertains to grant of dealership in petroleum products. The dealership reserved for Scheduled Caste candidate was allotted to the appellant, who belonged to sub-category of 'Mochi'. Allotment was challenged G in view of the resolution dated 8.2.2003 excluding the sub-caste from Schedule I to the Constitution (Scheduled Caste) Order, 1950. High Court cancelled the dealership allotted to the appellant. 257 H 258 SUPREME COURT REPORTS [2007] 6 S.C.R. A Dismissing the appeals, the Court HELD: 1.1. The Constitution provides for declaration of certain castes and tribes as Scheduled Castes and Scheduled Tribes in terms of Articles 341 and 342 of the Constitution of India. The object of the said provisions is to provide for grant of protection to the backward class of citizens who are B specified in the Scheduled Castes Order and Scheduled Tribes Order having regard to the economic and educationally backwardness wherefrom they suffer. The President of India alone in terms of Article 341 (1) of the Constitution of India is authorized to issue an appropriate notification therefore. The Constitution (Scheduled Castes) Order, 1950 made in terms of Article 341 (1) is exhaustive. It is, therefore, not for the court to render C its opinion as to whether the President was correct in confining inclusion of the caste Mochi within a particular area. Thus, no case has been made out for declaring the impugned legislation as unconstitutional. (Para 9, 10 and 11) (262-E, F, G) 1.2. It cannot be said that the superior courts should exercise a wider D power in respect of such a matter in view of the fact that the legislative power of the Parliament under Article 341 (2) of the Constitution of India is of special nature and not plenary. (Para 6) (261-A) 1.3. By reason of Article 341, the Constitution authorized the President to specify the castes, race or tribes or parts of or groups within castes, races E or tribes which shall for the purposes thereof be deemed to be Scheduled Castes in relation to that State or Union Territory by public notification. Such notification issued under Clause (1) shall not be varied by any subsequent notification as provided by Clause (2) of Article 341 except by the President. As and when States were formed, the President had power to issue notification as for that State such notification would not be a variation of the existing F notification, but a fresh notification which could, after its issuance, n-0t be varied by the President. It provides for a composite scheme. The modalities for issuance of public notification under Article 341 have been prescribed to enable the President to exercise his power in relation to a State wherefor consultation with the Governor is required to be done. Scheduled Castes are G specified for the purpose of the Constitution. If power can be exercised not only for a caste or a part of group within the caste, it can also incl
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