BUTA RAM AZAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners' case is that they belong to Vimukat Jatis which were earlier known as criminal tribes during the British regime and an Act was also passed by the them British regime, known as Criminal Tribes Act, 1911, This Act was subsequently amended in 1924 and certain tribes were declared as criminal tribes including the tribe of the petitioners. It is claimed by the petitioners that their ancestor were in fact Rajputs and they migrated from Mewar to different parts of the country in the 16th century and acquired nomadic character. These tribes did not co-operate with he British regime and because of the nomadic character became educationally and economically backward.

(2.) The Constitution (Scheduled Castes) Order, 1950 was promulgated by the Union Government under Art. 342 of the Constitution of India. Likewise the Constitution (Scheduled Tribes) Order, 1950 was issued under Art 343 of the Constitution of India. In the year 1952 the Criminal Tribes Act, 1924 was repealed and the criminal tribes were denotified and they came to be known as Vimukat Jatis. The Vimukat Jatis were treated as Scheduled Castes and were accordingly included in the Constitution (Scheduled Castes) Order, 1950.

(3.) The sole grievance of the petitioners is that they do not have the characteristics of Scheduled Castes and could not be including in the Constitution (Scheduled Castes) Order. 1950 and they are part and parcel of the Scheduled Tribes and should have been included in the Constitution (Scheduled Tribes) Order. 1950, Hence they have challenged the Constitution (Scheduled Caste) Order. 1950 as ultra vires by way of this petition under Arts. 226 and 227 of the Constitution of India.