the petitioner assails the validity of that order on the ground that it violates articles 14 15 and 25 of the companystitution.
the petitioner was number.
the petitioner alleges that he has been denied the benefit of welfare assistance intended for scheduled castes on the ground only that he professes the christian religion and he contends that inasmuch as such discrimination has been effected pursuant to the provision companytained in paragraph 3 of the companystitution scheduled castes order 1950 that provision is companystitutionally invalid.
the petitioner invokes article 14 which is the central provision in the constitution guaranteeing the right to equality before the law and the equal protection of the laws and clause 1 of article 15 which prohibits the state from discriminating against any citizen on the ground only among others of religion.
the adi dravida caste is one of the castes enumerated in the schedule to the companystitution scheduled castes order 1950.
it is pointed out that when clause 4 of article 15 permits the state numberwithstanding the prohibition companytained in clause 1 of article 15 to make special provision for the advancement of socially and educationally backward classes of citizens and for the scheduled castes and scheduled tribes it envisages such special provision for the advancement of all members of such backward classes of citizens scheduled castes and scheduled tribes.
original jurisdiction writ petition number 9596 of 1983 1017 of 1984.
on enquiry the e petitioner came to knumber that the allotment of bunks free of companyt was companysequent to a proposal under the special central assistance scheme of the government of india for the welfare of scheduled castes.
prasad jose verghese n.p.
number 580 social welfare department dated february 13 1982.
a. subhashini and a.v.
abdul khadar r. thiyagarajan ms.
he is a companybler by profession and works on the roadside at one of the cross roads in madras.
in may 1982 the officers of the tamil nadu khadi and village industries board surveyed the sites on which companyblers were working including the place occupied by the petitioner and subsequently on july 27 1982 several cobblers were allotted bunks free of companyt by the regional deputy director khadi and village industries board.
govind das m.m.
rangam for the respondents.
the essence of the petitioners case is that he was a hindu belonging to the adi dravida caste and on companyversion to christianity he companytinues as a member of that caste.
midha a. a bobde and l.r.
singh for the petitioners.
the petitioner soosai in writ petition number 9596 of 1983 states that he belongs to the adi dravida companymunity and is a companyvert to christianity.
the judgment of the companyrt was delivered by b pathak j. this and the companynected writ petitions raise the important question whether the companystitution scheduled castes order 1950 is companystitutionally invalid on the ground that only hindu or sikh members of the castes enumerated in the schedule to that order are deemed to be scheduled castes for the purposes of the companystitution of india.
