UBHAYA GODAVARI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition challenges the vires of the Andhra Pradesh Commission for Backward Classes Act, 1993 (A.P. Act 20 of 1993) (hereinafter referred to as 'the Act). It also challenges, in the alternative, the composition of the Backward Classes Commission under G.O. Ms. No. 9, Social Welfare (P2) Department, dated 26-01-1994. I shall now deal with the first contention.

(2.) Mr. B. Bhaskar Rao, the learned counsel for the petitioners, contends that the Act is viola tive of Article 15 (4) of the Constitution of India. His complaint is mat the word 'Backward Classes' is no-where defined in the Indian Constitution, but is defined under Section 2 (a) of the Act as 'backward classes of citizens of Andhra Pradesh other than the Scheduled Castes and the Scheduled Tribes as may be specified by the State Government in the lists' and in Section 2 (d) of the Act 'lists' is defined as one prepared by the Government from time to time for the purposes of making provision for the reservation of appointments of posts in favour of the backward classes of citizens which, in the opinion of the Government, are not adequately represented in the services under the Government and in any local authority or other authority in the State.

(3.) Mr. B. Bhaskara Rao's contention is that the definition of the word 'lists' in Section 2 (d) of the Act is ultra vires of Article 15 (4) of the Indian Constitution as it is confined only to Article 16 (4) of the Indian Constitution and that for determining backward classes one must abide by Article 15 (4) of the Constitution of India and the word 'lists' in Section 2 (d) of the Act totally ignores Article 15 (4) of tine Indian Constitution and as such it affects rights of the individuals under Part III of the Constitution of India.