IMPORTANT POINT
The court established that the judiciary cannot issue mandamus for policy changes regarding beneficiary schemes, which are within the exclusive domain of the Executive and Legislature, and emphasized the importance of economic criteria in reservations as per the 103rd Amendment.

JUDGMENT :

OM PRAKASH SHUKLA, J.

1. Heard Shri S.N. Shukla and Shri G.N. Pandey, petitioners-in-person, Shri Sudhanshu Chauhan, learned Counsel representing the respondents no. 3, 4 and Shri V.P. Nag, learned Standing Counsel representing the State/respondents no. 1 and 2.

2. This petition styled as Public Interest Litigation was filed in the year 2018 seeking the following reliefs:

“1. issue a writ, order or direction in the nature of Mandamus to the respondents that the benefit of existing beneficiary oriented schemes meant exclusively for SCs/STs/ OBCs and minorities be extended to below the poverty line (BPL) persons of all other communities/castes also who fulfill the eligiblity criteria applicable to persons of SCs/STs/OBCs/Minorities.

2. Issue a writ, order or direction in the nature of Mandamus to the respondents that henceforth benefit of all beneficiary oriented State assistance be given uniformly to poor citizens of all communities/castes also on the basis of economics and/or other verifiable objective criteria.

3. Issue such other writ, order or direction as may be deemed fit and proper in the facts and circumstances of the case to fulfill the constitutional mandate contained in the preamble, Article 14 and 21 and Part IV of the Constitution.”

3. Petitioners, who appear in person, have submitted that the concept of the social and economic justice is to build a welfare state and the same has been recognised as a basic feature of our Constitution. According to them, without social and economic justice, there cannot be political justice and as a corollary, a just social order cannot be established without removing inequalities in income and status.

4. To the aforesaid regard, petitioners have stressed on the wordings of Article 37 of the Constitution of India and have stated that Article 37 of the Constitution of India makes it clear that Directive Principles of the State Policies are fundamental in the governance of the country and it shall be duty of the State to apply these principles in making laws. Petitioners have also drawn our attenion to Article 38 of the Constitution of India and have urged that since Article 38 of Constitution of India clearly mandates the State to secure a social order for the promotion of welfare of the people and the State shall strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities not only amongst individuals but also amongst group of people residing in different areas or engaged in different vocations. Thus, their submission is that the denial of State economic assistance under the beneficiary oriented schemes for persons belonging to SCs/STs/OBCs and Miniority Communities to indigent persons/families of general category meeting the eligibility criteria of these schemes, solely on the basis of caste/community, is in violation of their right to equality under Article 14 of the Constitution of India and as such, the same cannot be sustained in view of Article 13 of the Constitution.

5. Petitioners have also urged that apart from violation of the fundamental rights guaranteed under Article 14 and 21 of the Constitution, denial of State assistance being provided by the beneficiary oriented schemes for SCs/Stc/OBCs and miniorities to the poor general category persons fulfilling the same eligibility criteria is also contrary the Preamble of the Constitution as well as the Directive Principles of State Policy contained in Article 37 and 38 of the Constitution of India. Thus, petitioners have prayed that the benefit of existing beneficiary oriented schemes meant exclusively for SCs/ STs/ OBCs and minorities be extended to below the poverty line (BPL) persons of all other communities/castes also who fulfil the eligibility criteria applicable to persons of SCs/STs/OBCs/ Minorities.

6. On the other hand, placing reliance upon the decisions of the Apex Court in State of Himachal Pradesh & Others Vs. Satpal Saini, (2017) 11 SCC 42 and C