GUJARAT DALIT CIVIL AND CONSTITUTIONAL RIGHTS PRATIPADAN SAMITI Vs. UNION OF INDIA

JUDGEMENT

(1.) In all these Special Civil Applications common question which is raised is as to whether Mochis (i. e. the persons belonging to Mochi Community) of Gujarat except those residing in the district of Dangs and Umbergaon taluka (which is now a part of Bulsar District) can properly be considered to be the members of Scheduled Caste and whether the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act 1976 (hereinafter referred to as the Amendment Act) in so far as it deleted the entry In the district of Dangs and Umbergaon taluka of Surat district-Mochi specified in Part IV-Gujarat of the Schedule to the Constitution (Scheduled Caste) Order 1950 and in so far as it has included Mochi caste as a whole in Entry No. 4 of Part IV-Gujarat in the Schedule substituted by the Amendment Act is ultra vires.

(2.) Special Civil Application No. 3432 of 1985 is filed by Gujarat Dalit Civil and Constitutional Rights Pratipadan Samiti through its Convenor Shri Dahyabhai Ramjibhai Parmar. It has challenged the vires of the Amendment Act on the ground that it has included within the Scheduled Caste those Mochis of Gujarat who did not suffer any disability because of untouchability; and therefore it is ultra vires Arts. 14 and 341(2) of the Constitution. In the alternative it has prayed for a declaration that on true and correct interpretation of the Amendment Acts Mochis of the areas other than Dangs district and Umbergaon taluka of Bulsar district are not covered within the meaning of the term Mochi appearing in Part IV-Gujarat of the First Schedule to the said Act. It has also prayed for a writ of prohibition prohibiting the respondents from giving benefits to Mochis residing in areas other than Dangs district and Umbergaon taluka on the basis that they belong to the Scheduled Caste. It has also prayed for a writ of mandamus directing the respondents to take steps to undue injustice caused so far to the persons belonging to the Scheduled Caste because of the aforesaid amendment made by the Amendment Act of 1976.

(3.) Special Civil Application No. 1821 of 1986 is filed by one Vaghela Himatsinh Subodhbhai. He was one of the candidates who had applied for the post of Gujarat Statistical Service Class IX Officers. He belongs to Rohit community which is a Scheduled Caste. On the post reserved for Scheduled Caste candidates Gujarat Public Service Commission selected respondent No. 4 and kept the name of the petitioner on the waiting list. The contention of this petitioner is that respondent No. 4 being a Mochi residing in the area other than Dangs district and Umbergaon taluka is not 8 member of the Scheduled Caste and therefore the action of the Gujarat Public Service Commission is illegal and really the petitioner should have been selected in the said reserved post. This contention of the petitioner is really based on the other challenge made in the petition that the Amendment Act is ultra vires or in the alternative on the true and correct interpretation of the Amendment Act Mochis of the areas other than Dangs district and Umbergaon taluka of Bulsar district are not covered within the meaning of the term Mochi appearing in Part IV-Gujarat of the First Schedule to the said Act.