CHANDRA SHEKHAR NISHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri Anurag Shukla, learned Senior Counsel for the petitioner, Shri Akhilesh Srivastava, learned Standing Counsel for the respondent nos.3 to 5 and Shri Varun Pandey, learned counsel for respondent nos.1 and 2.

(2.) The present writ petition has been filed seeking following reliefs :

(3.) Learned Standing Counsel, at the outset, has raised an objection regarding the relief claimed by the petitioner, submitting that the relief sought in the instant writ petition amounts to legislative enactment, as a caste can only be included by Parliament under Article 341 of the Constitution of India through law made under the Constitution (Scheduled Castes) Order, 1950. It has been submitted that in view of the Constitution Bench judgment of the Hon'ble Supreme Court in State of Maharashtra vs. Milind and Others reported in 2001 (1) SCC 4, it is not permissible to issue a direction declaring any caste as a Scheduled Caste. It has been submitted that for the aforesaid reasons, the instant writ petition, insofar as the relief sought is concerned, is not maintainable and is liable to be dismissed as infructuous.