Hon'ble Arun Tandon, J. - (1.) Petitioner before this Court claims to be 'Mallah' by caste. In paragraph-3 of the writ petition, it is stated that 'Mallah' has been included in the list of 'Vimukti Jaati' vide Government Order issued by the State of Uttar Pradesh dated 21.11.1992, enclosed as Annexure-3 to the writ petition. In view of the circular, it is claimed that petitioner's caste is now included in the list of 'Vimukti Jaati' and therefore, she is to be treated as Scheduled Tribes. Reference has been made to the caste certificate issued in her favour by the Tehsildar. Reliance has been placed upon judgments passed by this Court in the case of Bhaiya Lal and another v. Special Secretary, Department of Education and others, Civil Misc. Writ Petition No. 25142 of 2004, decided on 20.3.2009 as well as in the case of Munna Prasad v. State of U.P., (Writ Petition No. 23408 of 2004) decided on 25.6.2004 (delivered by me).
(2.) I have heard learned counsel for the parties and have gone through the records of the writ petition.
(3.) Before entering into the issue raised, the Court may reiterate the law laid down by the Apex Court and this Court with reference to the constitutional provisions, which regulate the grant of Scheduled Caste and Scheduled Tribes status to a particular caste i.e. Articles 341 and 342, which are identical in nature except that first provides for Scheduled Caste and other for Scheduled Tribes, and read as follows : "341 Scheduled Castes.(1) The President [may with respect to any State or Union territory] and where it is a State, after consultation with the Governor thereof, by public notification, specify the castes, races or tribes or parts of or 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 notification issued under the said clause shall not be varied by any subsequent notification. 342. Scheduled Tribes.(1) The President [may with respect to any State or Union territory], and where it is a State after consultation with the Governor thereof by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this Constitution be deemed to be Scheduled Tribes 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 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.";