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1996 Supreme(Bom) 229

R.M.LODHA, D.K.DESHMUKH
Maharashtra Rajya Pareet (Dhobi) Sewa Mandal, through its General Secretary Shri Ramesh S/o Lalchand Badgayye – Appellant
Versus
State of Maharashtra through its Secretary, Department of Social Welfare and another – Respondent


P.C. :---Heard Mr. Lambat, the learned Counsel for petitioner.

2. By this writ petition, the petitioner has prayed that by a writ of mandamus and/or certiorari and/or any other appropriate writ, order or direction, respondents be directed to include the community "Dhobi" in the list of Scheduled Castes. It is further prayed by the petitioner that it be held and declared that denial of inclusion of the community Dhobi in the list of Scheduled Castes amounts to a fraud on the Constitution and thus, ultra vires the Constitution.

3. At the outset, it may be stated that the Court by declaration cannot exclude or include the caste in the Constitution Scheduled Caste Order, 1950 and S.C. S.T. Order (Amendment) Act, 1976 nor it is open to the Court to issue directions for addition or substitution of a particular caste in the Constitution Scheduled Caste Order, 1950 or the S.C. and S.T. Order (Amendment) Act, 1976. It is not the domain of the Court to examine and hold that a particular caste should be declared Scheduled Caste. Whether the community 'Dhobi' should be included and/or deserves to be included in the Scheduled Caste in the State of Maharashtra on the grounds raised or reasons st







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