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2018 Supreme(Raj) 1495

MOHAMMAD RAFIQ, GOVERDHAN BARDHAR
Sant Ladhunath Nayak Sewa Sanstha – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ajay Gupta with Mr. Raja Venkatappa Naik
For the Respondent: Mr. B.S. Chhaba, Ms. Anita Agarwal with Mr. Praneet Sharma, Mr. Rishi Pal Agarwal, Adv

JUDGMENT :

Mohammad Rafiq, J.

1. This writ petition has been preferred by Sant Ladhunath Nayak Sewa Sanstha, Sikar, through its President Sitaram Nayak, as petitioner no.1, which is registered as a charitable society under the Societies Registration Act, and Sitaram Nayak son of Shri Durga Prasad Nayak, himself as petitioner no.2, inter-alia with the prayer that the respondents be directed to issue Scheduled Tribe certificate to the petitioner no.2 as well as all the members of the Nayak community in the whole of the State, treating them to be the members of the Scheduled Tribes cat egory of the State of Rajasthan. Prayer is also made for issuing a direction to the respondents to delete the term ‘Nayak’ from Serial No.57 of Part XIV Rajasthan of Schedule-1 of the Constitution (Scheduled Castes) Order, 1950, as incorporated on 20.09.1976, which came into force with effect from 22.07.1977 by declaring the same to be violative of Articles 341 and 342 of the Constitution of India. Further direction has been sought to the respondents to continue only ‘Thori’ caste listed under the Scheduled Caste list of Rajasthan State and the caste prefixed as ‘Nayak’ be deleted therefrom in the interes
















































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