HIGH COURT OF JUDICATURE AT ALLAHABAD

***

(1) PUBLIC INTEREST LITIGATION (PIL) No. - 2129 of 2017

Dr. B.R. Ambedker Granthalaya Evam Jan

Kalyan

…........... Petitioner

v/s

State of U.P. and others

…........... Respondents

with

(2) WRIT - C No. - 27122 of 2019

Gorakh Prasad

…........... Petitioner

v/s

State of U.P. and others

…........... Respondents

Appearance :

For the Petitioners : Mr. Rakesh Kumar Gupta, Advocate

For the Respondents : Mr. Ajay Kumar Misra, Advocate

General with Mr. A.K. Goyal,

Additional Chief Standing Counsel, Mr.

H.N. Singh, Senior Advocate with Mr.

Antriksh Verma, Advocate

CORAM :

HON'BLE RAJESH BINDAL, CHIEF JUSTICE

HON'BLE J.J. MUNIR, JUDGE

ORDER

1.

This order will dispose of two petitions bearing Public

Interest Litigation (PIL) No. 2129 of 2017 and Writ - C No. 27122 of

2019.

Chief Justice's Court

Serial No. 3023

2 WPIL No. 2129 of 2017

2.

Challenge in this Public Interest Litigation is to the

Government Orders dated 21.12.2016 and 22.12.2016, whereby

members of certain ‘Other Backward Castes’ were sought to be

declared as Scheduled Castes. This has been done by saying that it is a

clarification and is not meant to specify them as Scheduled Castes as

done under Article 341 of the Constitution. Additionally, in Writ - C

No. 27122 of 2019, challenge is to the subsequent Government Order

issued by the State on 24.06.2019 to the same effect.

3.

The order dated 21^st December, 2016 provides differently.

It is mentioned in that order that members of the Scheduled Caste,

Majhwar, mentioned at Serial No. 53 of the Constitution (Scheduled

Castes) Order, 1950, as amended by the Order of 1976 are not being

issued Scheduled Caste Certificate treating them to be a member of

‘Other Backward Classes’, such as Godia, Mallah etc. It is further

recorded that adversely affected persons had approached this Court

vide Writ Petition No. 4568 of 2007, Ajay Kumar and others v. State

of U.P. and others, decided on 30.03.2016, wherein a direction was

issued to the Commissioner to look into the matter and pass

appropriate orders.

4.

The Divisional Appellate Forum, Faizabad on 30.09.2016

had issued directions to provide members of the Majhwar Caste,

Scheduled Caste Certificates. There are then instructions carried in the

order dated 21^st December, 2016, providing that before issue of

3 WPIL No. 2129 of 2017

Scheduled Caste Certificates in accordance with the Government

Order dated 09.07.2015, the ascertainment of the person’s caste is to

be substantially made and not merely on the basis of the caste title

used in the name or the avocation he pursues. There are detailed

directions to undertake this inquiry at the local and the family level by

officials, including ascertainment of the fact from the educational

institutions besides documents, locally available.

5.

So far as order dated 21^st December, 2016 is concerned, it

does not add or introduce any caste as a Scheduled Caste to the

Constitution (Scheduled Castes) Order, 1950 issued by the President

of India in exercise of powers under Article 341 of the Constitution.

All that the order says is that members of the Caste Majhwar, whose

Entry Number is 53 in the Scheduled Castes Order should be issued

the necessary certificates after verification of their status. Members of

this caste should not be confused with Other Backward Classes, such

as Godia, Mallah etc. and refused their Scheduled Caste Certificate.

6.

We do not find any illegality in the order dated 21^st

December, 2016.

7.

So far as the Government Order dated 22^nd December,

2016 is concerned, it clearly recognizes or acknowledges 17 Other

Backward Classes as Scheduled Castes in the name of clarification. In

whatever manner said, 17 Castes, that are otherwise in the category of

O.B.C., have been recognized by the order dated 22^nd Decemb