(-- ^ \ orr J- BEFORE HON'BLE HIGH COURT OF CJdHATTlSGARHAT BILASPUR WRIT PETITION (0 No. &W& 12009 PETITIONER ^ ^r^fy/ ^^/y ^.^y' <.s^b>' ^' ,<•'.'/• ^i v'^~ Bodhisatva Baba Saheb Social ^ Cultural Group, through: It's Vice President, Panna Lal Wasnik S/o Shri Wasnik , aged aboutssyears R/o Bharkapara, Rajanndgaon (C.G.) VERSUS gt^^silfl RESPONDENTS : -- 1. State of Chhattisgarh, Through: the Secretary, Schedule Tribe & Scheduled Caste Department, D.K.S. Bhawan, Raipur(C.G.) f^"" '^£i?P •:5^..iSCI.. S/ir?? ^'•.'i.i •...:.- ^sS.Sofciio^^"" -"f'aiiisgarh-j-ijnii'r^ ; sHU^ ;jas?u? 2. 3. State Level High Power Caste Scrutiny Committee, through: It's Director, State Levet High Power Caste Scrutiny Committee, Tribal Research and Training Institution Raipur(C.G.) Dr.' Shri T.K. Vaishnav, Joint Director, Tribal Research' and Training Institution, Raipur (C.G.) n"i° ^"s^cs^ 4. Union of India, Through: It's Secretary, Ministry of Social Welfare and Justice, Lodhi Road New Delhi 5. Registrar General and Census Commissioner, Government of India Ministry of Home, New Delhi WRIT PETITION UNDER ARTICLE 2260F THE CONSTITUTION OF INDIA. ^s^ J'''' "i;t::SK. ^'^^^^^^ ' HIGH COURT OF CHHATT1SGARH AT BILASPUR WRIT PETITtON (C} No. 6406 of2009 PETmONER : Bodhisatva Baba Saheb Social Cultural Group. VERSUS RE8PONDENTS : State ofChhattisgarh & Others. WMT PETmON UNDER ARTICLE 226 OF THE CONSTITUTION OF DMDIA SB: Hon'ble Shri Satish K. Aemhotei. J. PresentShri Anup Majundar, Advocate forthe petitioner. Shri Shashank TIialair, Paael Lawyerfor&e State/respondent No. land2. Smt. Fouzia Mirza, Assistant Solicitor General for the Union oflndia. ORDERfORAL) 2. ^^ (Passed on 15m day of June, 2010) The petitioner, BodUsatva Baba Saheb Social Cultural Qroup, through its Vice President, Panna Lal Vasnik, has preferred the instant petition seeking quashing of the letter dated 30.12.2008 (Annexure P/6) alongwith its report, to Ihe Director, S.C.D. (R.L. Cell) Goveniment of India, Ministry of Social Justice and Empowennent, Shastri Bhawan, New Delln, fi-om the State Goverament Shri Majumdar, leamed counsel appearing for the petitioner suhmits that the report annexed to the letter dated 30.12.2008 (Annesnu-e P/6), is not correct and as such, a writ ofmandamus may be issued quashing the said letter, which is vapuffied herein. He furtfaer subnuts that the respondent No. 1-Union of India be directed to detemiine the social status ofthe Mahar and Baya Mahara caste in the state ofChhattis^rh, •'•'--"y-8-"- s'jJffF and fiuther, disciplinary action against tfie officer who has sent the letter, may be initiated. 3. Be that as it may, it is well settled that for getting a caste declared as Scheduled Caste, under Article 341 of tiie CcMstitution of India, the President of India, after consultation with ttie Govemor, by publie notification, specify the castes, raees or tribes or parte of or ^oups within castes, races or tribes which shall for the piupose of this Constitution be deemed to be scheduled castes in relation to that State or Union Territory, as the case may be. At present, nothing as such has been done and the same is at the Stage of consideration. Further, the letter vwitten by fhe State Government (Amiexure P/6) is aeither binding nor declaratory. It is only a request to the Govenuneiit of India for consideration and as such, no prejudice has been caused or no fundamental ri^it, legal right or statutory ri^it ofthe petitioner has been ariringed. No cause ofaction arises at this stage. 4. In view ofthe above, without expressing any opinion on the merits of r the case, the writ petition is dismissed at Ifae motion stage itsetf. Sd/- . . , Sat.sbK.Agmbotn Judge 'K'- ^^