( 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 1976, by enactment of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 (hereinafter referred to as `the Amendment Act of 1976, the entire Mochi community of Gujarat was specified as Scheduled Caste by the Parliament by removing the area restriction which was causing great difficulties to the members of this community in the areas where they had not been so specified. The case of the petitioner is that this was done, because, there was no discernible or real difference between the Mochis of Dangs district and Umargaon Taluka of Valsad district on one side, and the Mochis residing elsewhere in Gujarat on the other, as both were following unclean pursuits by working with hides and skins of animals. Since both the groups were socially, economically, educationally and culturally similar, the discrimination was removed by the Parliament. According to the petitioner, as per the findings of the Baxi Commission, the entire Mochi community in the State of Gujarat was a depressed class which ought to have been specified as Scheduled Caste. 2. 1 the inclusion of the entire Mochi community in the Schedule 1 to the Constitution (Scheduled Castes) Order, 1950 (hereinafter referred to as `the Order of 1950) by the Amendment Act of 1976, came to be challenged by the Gujarat Dalit Civil and Constitutional Rights Pratipadan Samiti and others, by filing Special Civil Application No. 3432 of 1985 on the ground that the said Act was ultra vires Articles 14 and 341 (2) of the Constitution. That petition was contested by the State Government by contending that the Baxi Commission, had come to the conclusion that the Mochi community was considered to be very low and had suffered all the disadvantages of having such social status and that the findings of the Baxi Commission showed that Mochi community was required to be recognised by Parliament as Scheduled Caste. 2. 2 the Division Bench, by its judgement and order dated 27-11-1987, in the case of Gujarat Dalit Civil and Constitutional Rights Pratipadan Samiti v. Union of India and ors. , reported in 29 (1) GLR 290, observing that the object and reasons for treating the Mochi community of the whole of Gujarat as Scheduled Caste was to remove the area restriction for a particular community which was otherwise treated differently in different areas in the same State and to remove the hardship that was experienced by the community in social relations between them simply because they resided in different areas of the same State, held that the wisdom of the Parliament in enacting the impugned legislation (Amendment Act of 1976), cannot be questioned since it was made after getting the report of the Commission in consonance with the provisions of Article 341 of the Constitution. Special Leave Petition filed aga