SUJEET PATEL, S/O LAXMI PATEL Vs. UNION OF INDIA THROUGH SECRETARY, SOCIAL JUSTICE AND EMPOWERMENT GOVT OF INDIA, NEW DELHI

JUDGEMENT

(1.) The petitioner claims reservation of orphan children in the category of backward class who have no known caste mark but are extremely backward in all respects.

(2.) Article 15(4) of the Constitution enables the State to make special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. The socially and educationally backward classes of citizens are the caste based classification rather than the economy based classification. Therefore, even if, the object of the petition is laudable, but since the Constitution does not provide for economic based reservation, therefore, there cannot be any direction to provide reservation which is not provided by the Constitution in exercise of writ jurisdiction of this Court.