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2007 Supreme(SC) 683

S.B.SINHA, MARKANDEY KATJU
SURAT VALSAD JILLA K. M. G. PARISHAD – Appellant
Versus
UNION OF INDIA – Respondent


Judgment

S.B. SINHA, J.- Leave granted.

2. Validity of the Constitution (Scheduled Castes) Orders (Second Amendment) Act, 2002, whereby and whereunder the "Mochis" outside Dang District and Umargaon Taluka of Valsad District in the State of Gujarat were excluded from Schedule I to the Constitution (Scheduled Castes) Order, 1950, was in question before the Gujarat High Court. Its validity has been upheld by the High Court holding:

"29. For the foregoing reasons, the challenge of the petitioner against the impugned Amendment Act of 2002 and the imposition of area restriction in respect of the Mochi caste as done in the varied Entry 4 of the Order of 1950, as well as against the impugned government resolution dated 18-2-2003 fails and the contentions raised on behalf of the petitioner and the supporting Respondent 10 have no substance. The petition is, therefore, rejected. Rule is discharged. There shall be no order as to costs." 3. Article 341 of the Constitution of India reads as under:

"341. Scheduled Castes.-(1) 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 cast

















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