- (1.) Heard learned counsel for the petitioners as well as learned Standing Counsel for the State-respondents.
(2.) Petitioners before this Court, who are five in number, claim to be members of De-notified Tribes/Vimukta Jati. The reliefs prayed for in the present writ petition read as follows : (i) Issue a writ, order or direction in the nature of certiorari to respondent no.2 for quashing the U. P. Government Order dated 10th June 2013 and 14th October 1999 respectively along with its performa of Caste Certificate, which incorporated all incorrect government orders and thereby restricted/banned reservation in services prescribed for De-notified Tribes (Vimukta jati) issued by the State Government in the year 1999. (ii) Issue a writ, order or direction in the nature of mandamus to Respondent No.2 for issuing a new performa for De-notified Tribes (Vimukta jati) incorporating the correct Government order removing all ambiguous sentences. (iii) Issue a writ, order or direction in the nature of certiorari for quashing the inclusion of De-notified Tribes (Vimukta Jati) in the list of OBC vide U. P. Act No.4 of 1994 w.e.f. 11th December 1993 [U. P. Public Services(Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes Act, 1991)] only upto certain extent of illegal inclusion and disproportionate percentage increased on cost of De-notified tribes along with subsequent amendment from time to time till today. (iv) Issue a writ, order or direction in the nature of mandamus to Respondent No.1 for allowing the petitioners of De-notified Tribes category certificate holders as a De-notified Tribes (Vimukta Jati) candidates in remaining vacant seats of BTC Training-2013 as per the availability of seats in any private or government DIETs. (v) Issue any other writ, order or direction the Hon'ble Court deems just and proper on the facts and circumstances of the case. (vi) Award cost of this petition to the petitioners.
(3.) We may record that issue with regards to persons belonging to De-notified Tribes being treated as Scheduled Tribes was examined for the purposes of admission in educational institution by a Division Bench of this Court in the case of Vijay Prakash Vs State of U. P. & Others in Special Appeal No.89 of 2005 decided on 4.2.2005. It has been held that the power to declare a particular Caste/Tribe as a Schedule Caste as contemplated by Article 341 of the Constitution of India and as a member of Scheduled Tribe as contemplated by Article 342 of the Constitution of India can be done only under a law to be framed by the Parliament. Other authority including the High Court has any jurisdiction to either modify the said list or to add a particular caste or tribe in the list, so notified under Article 341/342 of the Constitution of India. The issue in that regard has been settled by the Apex Court in the judgment reported in 2004 AIR SCW 6419, E. V. Chenniah Vs. State of Andhra Prdesh, which is binding upon us.;