(1.) I have advantage of reading in draft the judgment prepared by my learned colleagues. The contentions raised in these cases have been formulated in the judgment of my learned brother S. K. Jha, J. in paragraph 7 of the judgment I concur in the conclusion of my learned brethren Madan Mohan Prasad and S. K. Jha, JJ. with reference to the contentions formulated in paragraph 7 (i) (ii) and (iii). It is only in relation to the arguments advanced in the context of reservation that I would prefer to express my views in my own words. Three of my learned colleagues have also held that the petitions are not maintainable. I have my doubts about the view so expressed, and proceed to deal with the question of reservation on the basis of the petitions being maintainable. In any event, when a decision is based on more than one ground, none of the grounds can be said to be obiter dicta.
(2.) To secure justice, social and economic, and equality of status and opportunity is the promise of the Constitution. This has been sought to be ensured by enacting constitutional provisions giving right to equality on the one hand, and on the other by giving constitutional mandate to the State, in Article 46 of the Constitution a provision though not legally enforceable, nevertheless fundamental in the governance of the country(1) (sic) -- "to promote with special care the education and economic interest of the people and in particular of the Scheduled castes and the Scheduled tribes" and "to protect them from social injustice and all forms of exploita-tion(2) (sic)."
(3.) Article 14 of the Constitution secures equality before the law and equal protection of the laws. Article 15 (1) of the Constitution states mat the State shall not discriminate against any citizen on the grounds only of religion, race, caste, sex, place of birth or any of them. Article 15 (4), however, states that nothing in Article 15 (1) or Article 29 (2) shall prevent the State from making any special provision for the advancement of socially and educationally backward classes of citizens, or for the Scheduled Castes and the Scheduled Tribes.
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