Court No. - 32 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 13816 of 2014 Petitioner :- Jeevanwahini Samajik Sudhar Samiti Respondent :- Union Of India And 4 Others Counsel for Petitioner :- D.P. Rajbhar Counsel for Respondent :- C.S.C.,A.S.G.I.(2014/9053) Honble Ashok Bhushan,J. Honble Dr. Satish Chandra,J. Supplementary affidavit filed by learned counsel for the petitioner is taken on record. Heard learned counsel for the petitioner, Sri Amol Ranjan, Advocate holding brief of Sri M.N. Singh, learned counsel for the respondent No. 1 and learned Standing counsel appearing for respondent nos. 2, 3 and 5. Issue notice to respondent no. 4, returnable within four weeks. Steps within two weeks. Petitioner by this petition is challenging the Government order dated 18.01.2014 issued from the office of Special Secretary, Government of U.P. (Social Welfare Division-3) directing that benefit of Scheduled Caste is extended to Kumhar. Learned counsel for the petitioner challenging the order stated that the State Government has no authority or jurisdiction to include any caste or sub caste in the list of scheduled caste as issued under Article 341 and 342 of the Constitution of India. Learned counsel for the petitioner submits that Kumhar is not included in the Scheduled Caste list. He submits that reliance placed on the Judgment of the Division Bench of this Court in Writ Petition No. 2080 of 2011 State of U.P. Through the Principal Secretary Home Department and another vs. Vijay Shankar & another is misplaced, he submits that in the above case, the Division Bench of this Court has dismissed the writ petition challenging an order passed by the Tribunal. He submits that neither this court issued any direction nor the State Government could have issued the impugned order on the basis of the judgment of the Division Bench of this Court dated 23.12.2011. Learned counsel for the petitioner has placed reliance on the judgment of the Honble Supreme Court in the case of State of Maharashtra vs. Milind & Ors. decided on 28.11.2000, reported in J.T. 2002 Vol. 3 page 213. The Apex Court in the said case laiddown that it is not open for the State Government to amend the Scheduled Caste or Scheduled Tribe list issued under Article 341 & 342. The submissions made by learned counsel for the petitioner makes out a case for grant of interim relief. Let a counter affidavit be filed within four weeks. List thereafter. The order dated 18.01.2014 shall remain stayed till then. Order Date :- 5.3.2014 S/
Posted on: Fri, 14 Mar 2014 15:25:37 +0000
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