SOOSAI ETC. versus UNION OF INDIA AND OTHERS

Citation: [1985] SUPP. 3 S.C.R. 242 · Decided: 30-09-1985 · Supreme Court of India · Bench: P.N. BHAGWATI · Disposal: Dismissed
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Judgment (excerpt)

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242 
SOOSAI ETC. 
v. 
UNION OF INDIA AND OTHERS 
SEPIEMBER 30, 1985 
[P.N. BHAGWATI C.J., R.S. PATHAK AND AMARENDRA NATH SEN, JJ.] 
Constitution of India 1950, Articles 14 to 17 and 341 o 
Constitution (Scheduled Castes) Order 1950, Para 3. 
Persons belonging to Schedule Caste -
Conversion 
to 
Christianity -
Disentitlement 
to 
benefit of 
constitutional 
provisions relating to Schedule Castes - Whether legal, valid and 
constitutional. 
The Government of India set up a special Central Assistance 
Scheme for the welfare of Scheduled Castes. Consequent to a pro-
posal under this Scheme, allotment of bunk free of cost were to 
be made to cobblers by profession who worked on the roadaide, by 
the State Government of Tamilnadu in pursuance to G.O. No. 580 
Social Welfare Department dated February 13, 1982. This Order 
specifically stated that persons belonging to the Scheduled 
Caste& and converted to Christianity were not eligible for assis-
tance under the scheme. 
The 
petitioner, 
who 
was 
a 
Hindu 
belonging 
to 
the 
Adi-ilravida caste and on conversion to Christianity continued as 
a member of that caste, contended in his writ petition to this 
court that he had been denied the benefit of the welfare 
assistance intended for Scheduled Castes on the ground that he 
professes the Christian religion, and that such discrimination 
had 
been affected pursuant 
to 
the provision contained in 
paragraph 3 of the Constitution (Scheduled Castes) Order, 1950 
and that the provision was co.c:titutionally invalid as being 
violative of Articles 14 to 17. 
In the connected writ petition, relief was sought against 
the Circular letter dated August 16/25, 1983 issued by the State 
Government of Tamilnadu to the State Public Service Commission 
stating that "Scheduled Caste" Christians who revert to Hinduism 
and on that basis obtain appointments to reserved seats in 
Government services and having done so change their religion once 
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oOOSAI v. u.u.1. 
243 
again after their entry into Government service were liable to 
have their selection cancelled, as being constitutionally invalid 
and violative of Articles 14 to 17. 
On 
the question: 
whether 
the Constitution (Scheduled 
Castes) Order, 1950 is constitutionally invalid on the ground 
that only Hindu or Sikh members of the castes enumerated in the 
Schedule to that Order are deemed to be Scheduled Castes for the 
purpose of the Constitution of India. 
Dismissing the writ petitions, 
l:IKLll: 1. It is not possible to say that the President acted 
arbitrarily in the exercise of his judgment. in enacting paragraph 
3 of the Constitution (Scheduled Castes) Order, 1950. [250 F] 
2. Dr. J.H. Hutton, a Census Commissioner of India, framed 
a list of the depressed classes and that list was made the basis 
of an order promulgated by the British Government in India called 
the Governme11t of India (Scheduled Castes) Order, 1936. The 
Constitution (Scheduled Castes) Order, 1950 was substantially 
modelled on the Order of 1936. The Order of 1936 enumerated 
several castes, races or tribes in an attached schedule and they 
were, by paragraph 2 of the Order, deemed to be Scheduled Castes. 
Paragraph 3 of the same Order declared that the Indian Christians 
would not be deemed to be members of the Scheduled Castes. [249 
C-ilj 
3. The· President had before him material indicating that 
the depressed classes of the Hindu and the Sikh Commun.Hies 
suffered from economic and social disabilities and cultural and 
educational backwardness so gross in character and degree that 
the members of these Castes iu the two communities called for the 
protection of the Constitutional provisions relating to the 
Scheduled Castes, 
and that in order to provide for their 
amelioration and advancement it was necessary to conceive of 
intervention by the State through its legislative and executive 
powers. [249 H; 250 BJ 
4.(i) In discharge of the obligation imposed by clause (1) 
of Article 341 the PresidEnt issued the Constitution (Scheduled 
Castes) Order, 1950. In its original form, paragraph 3 declared 
that "(l) no person who professes a religion different from 
Hinduism" would I><! deemed to be a member of a Scheduled Caste. 
There was a proviso to paragraph 3 which declared that every 
member of the Ramdasi, Kabirpanthi, Mazhabi or Sikligar caste 
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SUPREME COURT REPORTS 
[1985] SUPP.3 s.c.R 
resident in Punjab or the Patiala and East Punj
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