M.P.Kenia, J. - (1.) Parties have filed their counter and rejoinder affidavits and at the admission stage itself this writ petition is being finally disposed of in accordance with the Rules of this Court.
(2.) The petitioner by means of the present writ petition has sought issuance of a writ in the nature of mandamus directing the Union of India through the Secretary Ministry of Home Affairs, New Delhi to declare the Khangar Community as a Scheduled caste in Uttar Pradesh. The petitioner is a medical practitioner in the town of Chirgaon situated in district Jhansi where he has opened a nursing home after passing his M.B.B.S. The petitioner belongs to the Khangar community which according to the petitioner has been recognised as a Scheduled Caste with respect to the States of Madhya Pradesh, Maharashtra and Rajasthan. It is the case of the petitioner that the Khangar community is mainly the inhabitant in the area of Bundelkhand which has been divided in between the States of Madhya Pradesh and Uttar Pradesh, that once upon a time this community was found in five districts of Uttar Pradesh and atleast five districts of Madhya Pradesh. Petitioner contended that in Bundelkhand every big State before independence used to keep a independent Khangar Regiment in their Artillery. Petitioner has further contended that the social strature of the community even today is financially, educationally and religiously backward and they are at par with other caste and communities. Petitioner has further stated that according to the Constitution (Scheduled Caste) Order, 1950 as amended the Khangar community has been recognised as scheduled caste throughout the State of Madhya Pradesh but has not been so recognised in relation to the State of Uttar Pradesh though the existing condition of this community (in both the States) has the social strature stands on the same footing. The petitioner further goes on to contend that reservation is declared for a community by the Union of India on the basis of materials placed by the State Government after assessing the present and past condition of that particular community in the particular State the petitioner has gone on speculate that in State of Uttar Pradesh the Khangar community has not been included in the list of scheduled castes probably because the Government of Uttar Pradesh has not produced relevant material in respect of the community before the Central Government to enable its inclusion in the list of scheduled castes with regard to the State of Uttar Pradesh in order to ensure actual determination of members of Khangar community residing in Uttar Pradesh as in case of the members of the said community who reside in the States of Madhya Pradesh and Rajasthan. The petitioner has sought the issuance of a writ of mandamus directing the respondents to declare the Khangar community as scheduled caste in relation to the State of Uttar Pradesh.
(3.) It must at once be made clear that in our view it is not competent for this or any other court to issue such a writ. Article 341 of the Constitution of India reads as follows: "Article 341. Scheduled Castes -- (1) The President may with respect to any State or Union Terrirotry and where it is a State, after consultation with the Governor thereof, by public notification specify the castes, races, or tribes or parts of groups within castes, races or tribes which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State or Union Territory, as the case may be. (2) Parliament may by law include in or exclude from the list of Scheduled Castes specified in a notification issued under Clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a nolification issued under the said clauses shall not be varied by any subsequent nolification." Under clause (1) the President may with respect to any State or Union Territory after consultation with the Governor thereof, by public notification, specify the castes or groups within such caste which shall for the purposes of this Constitution be deemed to be Scheduled Castes in relation to that State. The object of clause (1) of the aforesaid Article 341 is to avoid all disputes as to whether a caste is a scheduled caste or not for the purposes of the Constitution in relation to a particular Stale or Union Territory. All that has to be done is to make a reference to the President's notification issued under the Art. 341(1) and find out whether the caste or community in question has been specified as a scheduled caste for the purposes of the Constitution of India in relation to the State concerned. Admittedly, the Khangar community or caste has not been declared and recognised as a scheduled caste in relation to the State of Uttar Pradesh for the purposes of the Constitution of India. That being so, it is not open to this or any other court to declare or direct that the caste be recognised as a scheduled caste in relation to the State of Uttar Pradesh for the purposes of Constitution. This can only be done as provided under Art. 341(2) by Parliament by law and except as aforesaid any notification issued under clause (1) of the Art. 342 is not capable of being varied even by any subsequent notification.;