- (1.) This writ petition has been filed by Akhil Bhartiya Balmiki Mahasabha with the prayer that the National Commission for Scheduled Castes be directed to submit its recommendation to the President of India for giving separate quota of reservation to the people belonging to 'harijan' community in the government services according to the ratio of their population out of the total reservation meant for Scheduled Castes and the State of Rajasthan may also be directed to give separate quota of reservation for such community out of the reservation meant for Scheduled Castes in the State.
(2.) Shri Chetan Bairwa, learned counsel for the petitioner has argued that the sweeper community stands on lowest pedestal in the caste system of hindu society. The Sweepers are also known as Balmiki, Mehtar, Chuda and Harijans etc. This community is engaged in the work of cleaning roads & drains and removing dirt and filth. This community has suffered ignominy for ages inasmuch as, not only the general hindu society but also other communities in the Scheduled Castes, have treated them unfavourably as untouchables. As a result, their children are not able to study in schools and secure necessary education of the quality that may enable them to compete with other communities included in the Scheduled Castes such as cobbler, washer man, weaver, meat seller, barber etc. Resultantly, Article 16(4) of the Constitution of India, which was specifically engrafted into the Constitution with a view to bringing about the equilibrium in the society, has not been implemented in desired manner and spirit. Most of the quota of Scheduled Castes, whether in appointments or admissions, is consumed by other communities than the 'harijans' because they are not able to compete with them in terms of merit. The State of Punjab vide Notification dated 05.10.2006 has provided that 50% of the vacancies reserved for Scheduled Castes category in direct recruitment shall be first offered to Balmikis and Mazbhi Shikhs i.e. Sweeper Community in Punjab, if available. Respondents ought to make a similar provision for appointment in the services of the Government of India and the State Government. Inspite of the fact that petitioner has served upon them a notice for demand of justice, no action has been taken by the respondents so as to redress their grievances. Hence, this writ petition.
(3.) We have given our anxious consideration to the arguments aforesaid and perused the material on record.;