VIJAY HARISHCHANDRA PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER has come up with this public interest litigation challenging the steps taken by Union of India and the Planning Commission to utilize the national resources in favour of a particular minority community which according to the petitioner is discriminatory, arbitrary and violative of various constitutional provisions.

(2.) PRESIDENT of India, in his address to the Joint Sessions of Parliament on 25. 02. 2005, had announced that `the Government would recast the 15 Point Programme for planning, formulating and implementing specific interventions, policies and programmes for the welfare of the minorities which was reiterated by the Prime Minister, in his Independence Day address made in the year 2005. Consequently, the Government had revised its earlier programme and finalized 15 Point Programme for welfare of the minorities and ordered that the same would be implemented by the Central Governments/ Departments concerned, through State Governments/union Territories. Programme envisaged location of a certain proportion of development projects in minority concentration areas and to provide wherever possible, upto 15 % of targets and outlays under various schemes be earmarked for minorities. Emphasis of the programme was also to maintain communal peace and harmony through appropriate measures and for ensuring reasonable representation of the minorities in Government including public sector.

(3.) GOVERNMENT, however, noticed, that there was lack of authentic information about the social, economic and educational status of the Muslims community in India which came in the way of planning, formulating and implementing specific interventions, policies and programmes and to address the issues relating to the socio-economic backwardness of that community. Government, therefore, decided to constitute a High Level Committee to prepare a comprehensive report on the socio, economic and educational status of the Muslim community in India. Notification dated 9th March, 2005 was issued by the Government appointing a Committee headed by Justice Rajinder Sachar. Terms of reference of the High Level Committee were as follows.