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1995 Supreme(Kar) 440

A.J.SADASHIVA, M.L.PENDSE
PADUTHOTA RAMACHANDRA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
B.P.HOLLA, D.V.SHYLENDRA KUMAR, RADHAKRISHANA RAO, SRINIVASA MURTHY

M. L. PENDSE, CJ.

( 1 ) AN interesting question as to the ambit of Article 341 of the constitution of India and the powers of the state government and the central government to identify equivalent or synonymous castes, races or tribes set out in the presidential Order falls for determination in these appeals preferred to challenge the legality of Order dated november 12, 1990, delivered by learned single judge in writ petition No. 8234 of 1983 filed under Article 226 of the constitution. The facts which gave rise to filing of this petition are not in dispute and are required to be briefly set out to appreciate the controversy in these two appeals.

( 2 ) ARTICLE 341 (1) prescribes that the president may, in respect of a state, in consultation with the governor, 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 the constitution be deemed to be scheduled castes in relation to the state. Article 366 (24) defines that the expression "scheduled castes" 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 cas
















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