IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4329 of 2009 Braham Deo Anand Paswan, S/o Late Ramjee Paswan, Resident of 7 H.I.G., 6/25, Bahadurpur Housing Colony, P.S.-Kankarbagh, Patna-800026. …..Petitioner. Versus 1. The Union of India through Secretary, Ministry of Social Justice and Empowerment, 6th Floor, A-wing, Shastri Bhawan, New Delhi- 110001. 2. The Secretary, Ministry of Social Justice and Empowerment, 6th Floor, A-wing, Shastri Bhawan, New Delhi-110001. 3. The State of Bihar through Chief Secretary, Government of Bihar, Old Secretariate, Patna. 4. The Chief Secretary, Government of Bihar, Old Secretariate, Patna. 5. The Principal Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna. 6. The Principal Secretary, Scheduled Caste and Scheduled Tribes Welfare Department, Government of Bihar, Patna. 7. The Deputy Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna. ----------- 04. 31.07.2009 Heard learned counsel for the petitioner, learned counsel for the intervenor, learned counsel for the Advocate General and learned counsel for the Union of India. Petitioner wants this Court to issue certain directions by way of public interest for implementation of views expressed by Joint Secretary to the National Commission for Scheduled Castes in his letter dated 28th Novmeber, 2007 contained in Annexure-1. According to learned counsel for the petitioner the views expressed in Annexure-1 are based upon proceedings - 2 - and decisions of the Commission and therefore the State Government should abide by the views expressed therein and there should be a ban by the State Government against anyone using the word “Dalit” as a substitute or equivalent of the words “Scheduled Castes” in any kind of day to day correspondence specially official correspondence. Learned Advocate General has submitted that already correspondence has been made by the State Government through its officials to ascertain whether the views expressed in Annexure-1 are enforceable directions which the Commission is competent to issue in law or not. On behalf of intervenor it was submitted that the State Government has constituted a Commission for finding out who are “Maha Dalits” and the intervenor want that their castes should also be included in the list of “Maha Dalits”. Freedom of speech and expression is one of the fundamental rights guaranteed by our Constitution. Any authority, even that of State has apparent limitations in curtailing right of speech and expression guaranteed to the citizens of this country. Considering the stand of the parties - 3 - and aforesaid constitutional issue, this Court is not persuaded to interfere in the matter in the garb of public interest litigation. If any member of Scheduled Castes feels that his legal rights have been infringed due to the use of the word “Dalit” or it violates any law then such person may pursue his grievances through regular proceedings in accordance with law. The writ petition is disposed of. Vikash/- (Shiva Kirti Singh, ACJ.) (Anjana Prakash, J.)