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2004 Supreme(Guj) 52

D.H.WAGHELA, R.K.ABICHANDANI
SAMASTA GUJARAT RAJYA MOCHI SAMAJ – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared: JITENDRA MALKAN, MANISHA LAV KUMAR SHAH, MUKTESH V.PATEL, PRITI S.PARMAR, PURVISH MALKAN, S.N.SHELAT, S.V.PARMAR, Shruti D.Trivedi

R. K. ABICHANDANI, J.

( 1 ) THE petitioner seeks to challenge the validity of the Constitution (Scheduled Castes) Orders (Second Amendment) Act, 2002, to the extent that it excludes `mochis outside Dangs district and Umargaon Taluka of Valsad district in the State of Gujarat from the Schedule 1 to the Constitution (Scheduled Castes) Order, 1950, on the ground that the provisions excluding them were violative of Articles 14, 16, 19 and 341 of the Constitution of India, and a declaration is sought that Entry 4 in Part IV relating to Gujarat of the Schedule to the Constitution (Scheduled Castes) Order, 1950, as amended by the Constitution (Scheduled Castes) Orders (Second Amendment) Act, 2002, is unconstitutional, null and void to the extent the said Entry 4 de-recognises and de-specifies `mochis outside of Dangs district and Umargaon Taluka of Valsad district from the notified list of Scheduled Castes. Brief facts and pleadings :.

( 2 ) THE petitioner is a public trust registered under the provisions of the Bombay Public Trusts Act, 1950, said to be representing the entire Mochi community of Gujarat, as averred in paragraph 2 of the petition. According to the petitioner, in the year 1






























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