SURENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as learned Standing Counsel for the State-respondents.

(2.) Petitioners before this Court, who are five in number, claim to be members of De-notified Tribes/Vimukta Jati. The reliefs prayed for in the present writ petition read as follows :

(3.) We may record that issue with regards to persons belonging to De-notified Tribes being treated as Scheduled Tribes was examined for the purposes of admission in educational institution by a Division Bench of this Court in the case of Vijay Prakash Vs State of U. P. & Others in Special Appeal No.89 of 2005 decided on 4.2.2005. It has been held that the power to declare a particular Caste/Tribe as a Schedule Caste as contemplated by Article 341 of the Constitution of India and as a member of Scheduled Tribe as contemplated by Article 342 of the Constitution of India can be done only under a law to be framed by the Parliament. Other authority including the High Court has any jurisdiction to either modify the said list or to add a particular caste or tribe in the list, so notified under Article 341/342 of the Constitution of India. The issue in that regard has been settled by the Apex Court in the judgment reported in 2004 AIR SCW 6419, E. V. Chenniah Vs. State of Andhra Prdesh, which is binding upon us.