DHIWAR SAMAJ SAMITI Vs. STATE OF U P

JUDGEMENT

(1.) Whether the Government has committed any constitutional wrong in not providing reservation for the people belonging to Dhiwar (Mallah) Caste on the strength of their population is the sole question which falls for our adjudication in this writ petition in which "Dhiwar Samaj Samiti, Maryad Patti", has come up with a prayer to command respondent Nos. 1 and 2 to extend the benefit of reservation under Articles 15 and 16 of the Constitution of India to the people belonging to Dhiwar Caste according to their proportion in the Society excluding those who fall in the creamy layer.

(2.) It is alleged inter alia, that the main object of the Society is to guard the interest and welfare of the Dhiwar Samaj ; that even though the caste Dhiwar figures in the list of backward classes published by the Government, it has not been given an opportunity in the Employment or Education or even in Elections in proportion to their population and hence, this writ petition.

(3.) Mr. H.N. Shukla, learned counsel for the petitioner, contended that the Government has committed an apparent constitutional wrong in not providing reservation for the Dhiwar caste (i.e., to Mallahs) as per their population in different walks of public life including providing employment to them in the Government service and accordingly, the prayer made by the petitioner is fit to be allowed in view of the decision of the Hon'ble Supreme Court in Indra Sawhney v. Union of India, AIR 1993 SC 477.