LAXMI NARAYAN Vs. MADAN MOHAN

JUDGEMENT

(1.) The plaintiff prayed for exemption from payment of court-fee in the trial Court and his prayer was accepted. In doing so, the Court below placed reliance on two Notifications of the State Government, being Notification No. F. 9-1-83-B-XXI, dated 1st April, 1983 (published in Madhya Pradesh Rajpatra (Asadharan), dated 1-4-1983) and No. F 8-5-25-4-84, dated 26th Dec., 1984 (published in M.P. Rajpatra Part I, dated 8-2-1985), hereinafter referred to as Notifications 'A' and 'B' respectively.

(2.) Because Notification 'A' is of immediate and crucial relevance to the controversy the text thereof deserves to be extracted in extenso, with a portion duly emphasized:

(3.) By Notification 'B', issued in pursuance to the provisions of Arts.15(4) and 16(4) of the Constitution, the State Government has declared the classes of citizens included in the Schedule thereof as "Socially and educationally backward classes." The Schedule contains as many as 82 entries, including entry No. 33 of which clause (b) reads - "Mali (Saini) Marar". The plaintiff non-petitioner was held entitled to the exemption prayed as he admittedly belonged to the class of citizens by were known as "Mali" by caste and on that, round he was considered by the trial Court as belonging to "weaker Sections of the society."