PRAFULLA KUMAR PATI Vs. PARAMANANDA SETHI

JUDGEMENT

(1.) Both these writ applications were heard together and are being disposed of by this judgment as the facts and the question of law involved therein are the same and similar, namely, as to whether the Court has to refer only to the Presidential Notification issued under Arts. 341 or 342 of the Constitution of India to determine as to whether any particular person belongs to any Scheduled Caste or Scheduled Tribe notified therein or the Court can look into any other material of circumstances also to give the advantage to any other caste or tribe by reason of the party of functions or vocations followed by the members thereof

(2.) ALTHOUGH the question has come up for consideration before this Court as also the Supreme Court on several occasions and the same seems to have been fairly settled, the learned counsel for the petitioner has vehemently urgued that it is not possible for the Court to look beyond the Presidential Notification with reference to some of the observations here and there in some of those decisions,

(3.) LEARNED counsel for the petitioner submitted that no reference can be made to any other material except to the List of the Scheduled Castes issued under the Presidential Order of 1950 and in as much as 'Rajaka' was not incorporated in that List, the Revenue Authorities have misdirected themselves in referring to the so -called prevalent meaning of the term 'Rajaka'.