The main legal point established in the judgment is that the court found no justification for issuing a mandamus to the Central Government for the revision of the OBC list under Section 11 of the Act.

SANJAY YADAV, J.

1. The petitioner, by way of present petition, seeks following reliefs:

"10. Relief(s) Prayed For:

On the basis of the aforementioned facts and the grounds urged, it is most humbly prayed before the Hon'ble court to allow the instant writ petition filed by the petitioner, it is further prayed:

(a) to direct the government to revise the central backward class list which is mandatory public duty under section 11(1) of National Commission for Backward Classes Act, 1993 through appropriate methodology which may include constitution of commission.

(b) To direct the government to carry out the abovementioned revision within six months of passing of such order.

(c) To grant any other relief, writ, order, direction which the Hon'ble court deem fit and necessary for upholding Justice, Equity and Good Conscience."

Section 11 of the National Commission For Backward Classes Act, 1993 (for brevity "the Act of 1993) stipulates:

"11. Periodic revision of lists by the Central Government.-(1) The Central Government may at any time, and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward classes.

(2) The Central Government shall, while undertaking any revision referred to in subsection (1), consult the Commission."

2. Evident it is that the Act of 1993 was enacted to constitute National Commission for Backward Classes other than the Scheduled Castes and the Scheduled Tribes and to provide for matters connected therewith or incidental thereto. In the statement of object and reasons it finds mention that the decision by the Supreme Court in the case of Indra Sawhney on 16.11.1992 paved the passage for enactment of Act of 1993 with an object to carry out the verdict of the Supreme Court.

3. Section 2(c) defines "lists" to mean : "lists prepared by the Government of India from time to time for purposes of making provision for the reservation of appointments or posts in favour of backward classes of citizens which, in the opinion of that Government, are not adequately represented in the services under the Government of India and any local or other authority within the territory of India or under the control of the Government of India." Thus, it is the opinion of Government of India for purpose of making provision of reservation of appointments on posts in favour of backward classes of citizen not adequately represented in the service of the Government of India and any local or other authority which is paramount. That chapter III deals with the functions and powers of the commission. Section 9 envisages function of the commission that, the commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate. Subsection 2 of Section 9 stipulates "The advice of the Commission shall ordinarily be binding upon the Central Government."

4. Section 11 provides for that the Central Government may at any time, and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward classes. Sub-section (2) of Section 11 stipulates that the Central Government shall, while undertaking any revision referred to in sub-section (1), consult the commission.

5. The question is can a mandate be issued to the Central Government to undertake the exercise under Section 11 after the expiry of 10 years. In other words, whether the provision is mandatory or only enabling. Because if they are ma