REGENT COMPUTRONICS PVT. LTD.

Rakesh Sarma Appellant

V/S

STATE OF BIHAR Respondents

Referred Judgements :-

HOUSE OF LORDS IN ROOKES V. BANNARD [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI V. GURNAM KAUR [REFERRED TO]
M/S. GOODYEAR INDIA LTD. V. STATE OF HARYANA [REFERRED TO]
A.R. ANTULAY V. R.S. NAYAK AND ANOTHER [REFERRED TO]
HARI SHARAN THAKUR V. STATE OF BIHAR [REFERRED TO]
NITYANAND SHARMA AND ANOTHER V. STATE OF BIHAR AND OTHERS [REFERRED TO]
JAI KNUR AND OTHERS V. SHER SINGH AND OTHERS [REFERRED TO]
BIHAR LOHAR (SCHEDULED TRIBES) UTTHAN MAHASABHA,SAMASTIPUR,V. STATE OF BIHAR AND OTHERS [REFERRED TO]
MAHADEOLAL KANODIA VS. ADMINISTRATOR GENERAL OF WEST BENGAL [REFERRED TO]
A RAGHAVAMMA VS. A CHENCHAMMA [REFERRED TO]
BHUDAN SINGH VS. NABI BUX [REFERRED TO]
BALLABHADAS MATHURDAS LAKHANI VS. MUNICIPAL COMMITTEE MALKAPUR [REFERRED TO]
MAMLESHWAR PRASAD VS. KANHAIYA LAL DEAD [REFERRED TO]
DADAJI ALIAS DINA VS. SUKHDEOBABU [REFERRED TO]
SHER SINGH VS. STATE OF PUNJAB [REFERRED TO]
SHIVAJI NARAYAN BACHHAV VS. STATE OF MAHARASHTRA [REFERRED TO]
NARINDER SINGH VS. SURJIT SINGH [REFERRED TO]
SHYAMARAJU HEGDE VS. V VENKATESHA BHAT [REFERRED TO]
SUNDARJAS KANYALAL BHATIJA PRAHALAD HIRANAND ADVANI VS. COLLECTOR THANE MAHARASHTRA:COLLECTOR THANE MAHARASHTRA [REFERRED TO]
VALSAMMA PAUL MRS KERALA PUBLIC SERVICE COMMISSION VS. COCHIN UNIVERSITY:DR KANJAMMA ALEX [REFERRED TO]
NITYANANDSHARMA VS. STATE OF BIHAR [REFERRED TO]
OROPRSKASHGNPTA VS. BIBAR PUBLIC SERVICE COMMISSION [REFERRED TO]
RAM ADHIN SINGH VS. STATE OF BIHAR [REFERRED TO]
RAJENDRA PRASAD VS. THE CHANCELLOR, MAGADH UNIVERSITY, AND OTHERS [REFERRED TO]

JUDGEMENT

(1.) A direct conflict between two seats of decisions of this Court on the interpretation of the Presidential Order issued under Article 342 of the Constitution has necessitated this reference to Full Bench. The significant question for consideration is as to whether the members of 'Lohar' caste in the State of Bihar, who are admittedly 'backward class' have right to claim the privileges available to the members of 'scheduled tribe' by virtue of the Presidential Order.

(2.) PARLIAMENT may by law include in or exclude from the list of Scheduled Tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.

(3.) THE President of India in exercise of power under Article 342(1) of the Constitution promulgated Constitution Scheduled Tribe Order, 1950 which was amended by the Parliament from time to time. The Scheduled Castes and Scheduled Tribe Amendment Act, 1976 (Act No. 108 of 1976) was passed by the Parliament on 8th September, 1976. The object of the Act was to provide for inclusion and exclusion from the list of 'Scheduled Castes' and 'Scheduled Tribes' of certain castes and tribes, for the readjustment of representation of Parliament and assembly constituencies insofar as such readjustment is necessitated by such inclusion or exclusion and for matters connected therewith. Section 4 of the Act amended Constitution Scheduled Tribes Orders, 1950 and the Constitution (Andaman and Nicobar) Scheduled Tribes Order, 1959 made by the President under Article 342 of the Constitution.

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RAKESH SARMA Vs. STATE OF BIHAR

Referred Judgements :-

JUDGEMENT

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