IMPORTANT POINT
Christian is not a Scheduled Caste. As Petitioner was born to Christian parents, who had become christians before his birth from Hindu Adi Dravida, he cannot claim to be Scheduled Caste.

ORDER

The petitioner s parents initially belonged to Adi-Dravida by caste hailing from Kattalai village in Tirunelveli District, Tamil Nadu. Admittedly, before the birth, they had converted into Christian religion. He was born on May 7,1941. He joined the service of the Food Corporation of India on March 7,1968 as Assistant Grade-I. Subsequently, he had married on February 14,1969 according to Christian rites in a Church. On these facts, notice was given to the petitioner to show cause how the petitioner would be entitled to benefits and privileges extended to the Scheduled caste candidates in furture. Challenging it, he filed a suit. His case is that he was baptised when he was aa minor. After he became major, he is continuing as a Adi-Dravida. The trial Court though decreed the suit, on appeal it was reversed and in S.A. No. 270/84, the High Court confirmed the same. Thus this Special Leave Petition.

2. It is contended for the petitioner that though he was born of Christian parents, but with their consent, he got converted to Hindu at the age of 14 and on such conversion, he became Adi-Dravida and consequently entitled to the status of Scheduled Caste . Therefore, he is entitled to the status as a Scheduled Caste. Article 366(24) of the Constitution of India defined Scheduled Caste as under :

"Art. 366(24) Scheduled Caste means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under Article 341 to be Scheduled Castes for the purposes of this Constitution.

3. Article 341(1) empowers the President of India to specify, in consultation with the Governor of the State, with respect to the State or Union Territory, or for a part of the State, District or region by public notification specify castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of the Constitution be deemed to be Scheduled Castes in relation to the State or Union Territory as the case may be. Sub-Article (2) empowers the parliament by law to include in or exclude from the list of Scheduled Castes specified in the notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification. In other words, the Constitutional mandate is that it is the President who is empowered, in consultation with the Governor of the State, to specify by a public notification the caste, race or tribe or parts or groups within castes, races or tribes which shall for the purposes of the Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory.

4. In B. Basavalingappa v. D. Munichinnappa1, the Constitution [Scheduled Castes] Order, 1950 specified Bhovi caste as a Scheduled Caste. The respondent, a Voddar by caste contested election as a Scheduled Caste Bhovi. A Constitution Bench examined the scheme of Article 341 and upheld the contention of the appellant that in view of the stringent provisions of the Constitution with respect to a notification issued under clause [1], it is not open to anyone to include any caste as coming within the notification on the basis of evidence- oral or documentary- if the caste in question does not find specific mention in the terms of the notification, it was not open, therefore, to give evidence that a particular caste was a Scheduled Caste not mentioned in the 1950 Order.

5. In Bhaiyalal v. Harikishan Singh & Ors.2, wherein the same question had arisen, another Constitution Bench had held that in specifying castes, races or tribes under Article 341(1) of the Constitution, the President has been expressly authorised to limit the notification to parts of or groups within the caste, race or tribe to be Scheduled Caste by including them in the Order. That would be applicable in relation to the entire State or in relation to parts of the State where the President is