Employees’ Provident Fund … vs Ranjit Vasantlal Makwana on 17 July, 2026

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    Gujarat High Court

    Employees’ Provident Fund … vs Ranjit Vasantlal Makwana on 17 July, 2026

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                            C/SCA/21004/2016                                   CAV JUDGMENT DATED: 17/07/2026
    
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                                                                    Reserved On   : 21/04/2026
                                                                    Pronounced On : 17/07/2026
                                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                         R/SPECIAL CIVIL APPLICATION NO. 21004 of 2016
                          ==========================================================
                                     EMPLOYEES' PROVIDENT FUND ORGANIZATION & ORS.
                                                        Versus
                                              RANJIT VASANTLAL MAKWANA
                          ==========================================================
                          Appearance:
                          MR RAJESH K SAVJANI(2225) for the Petitioner(s) No. 1,2,3
                          HIMANSHI R BALODI(8919) for the Respondent(s) No. 1
                          ==========================================================
                             CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
                                   and
                                   HONOURABLE MR.JUSTICE J. L. ODEDRA
    
                                                  CAV JUDGMENT
    

    (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)

    SR. PAGE
    HEADING
    NO. NO.

    SPONSORED
                                  FACTS LEADING TO THE FILING OF THIS
                               I                                                                           2
                                  PETITION
                              II SUBMISSIONS ON BEHALF OF THE PETITIONER                                   4
                                  SUBMISSIONS ON BEHALF OF THE
                             III                                                                           5
                                  RESPONDENT
                                  QUESTIONS          WHICH     ARISE     FOR
                              IV                                                                           8
    

    CONSIDERATION IN THIS WRIT PETITION
    V A BRIEF OVERVIEW OF THE CASTE SYSTEM 8
    CONSTITUTIONAL PROVISIONS RELATING TO
    VI 11
    SCHEDULED CASTES AND TRIBES
    VI(a) In Part III 12
    In Part XVI – RELATING TO SPECIAL
    VI(b) PROVISIONS RELATING TO CERTAIN 14
    CLASSES
    In Part XVI RELATING TO SPECIAL
    VI(c) PROVISIONS RELATING TO CERTAIN 15
    CLASSES
    SPECIFICATION OF SCHEDULED CASTES
    VII 17
    UNDER ARTICLE 341
    VIII CHRONOLOGY OF THE SPECIFICATION OF 20
    SCHEDULED CASTES BY THE PRESIDENT AND

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    SR. PAGE
    HEADING
    NO. NO.

    ITS MODIFICATION BY THE PARLIAMENT SINCE
    1950 IN RELATION TO GUJARAT
    EFFECT OF INCLUSION, MODIFICATION OR
    IX EXCLUSION OF A CASTE FROM THE LIST OF 27
    SPECIFIED CASTES UNDER ARTICLE 341
    X RE: THE REASONING OF THE CAT 37
    XI CONCLUSION 38

    I. FACTS LEADING TO THE FILING OF THIS PETITION

    1. Shri R.V. Makwana- respondent herein, was
    appointed as a Lower Division Clerk (LDC) in the
    Employees Provident Fund Organization, i.e. the
    petitioner herein, on 7.4.1995.

    2. The respondent secured this appointment under the
    reserved category of Scheduled Caste since he belonged
    to the Mochi caste and at that point in time, the Mochi
    caste was specified as Schedule Caste in the State of
    Gujarat by virtue of the Constitution Castes and
    Scheduled Tribes Orders (Amendment) Act, 1976
    .

    3. In the year 2002, the Constitution (Scheduled
    Castes) Orders (Second Amendment) Act, 2002
    was
    enacted by the Parliament, by which, area restrictions in
    respect of Mochis were introduced. By this amendment, it
    was only those Mochis who hailed from Dang district and
    Umbergaon taluka of Valsad district in Gujarat were
    specified as Scheduled Castes.

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    4. In other words, as against the earlier position of all
    Mochis in Gujarat, being specified as Scheduled Caste,
    the Parliament limited the specification of Mochi caste as
    Scheduled Caste only to those Mochis who hailed from
    Dang district and Umbergaon taluka of Valsad district.

    5. On 31.12.2003, the respondent was promoted to the
    post of Enforcement Officer/Accounts Officer on his
    passing of the Departmental examinations, and this
    promotion was on the basis that he belonged to the
    reserved category i.e., he belonged to the Schedule
    Caste.

    6. On 29.11.2012, nine years after he had been
    promoted, the respondent was reverted to his substantive
    post of Upper Division Clerk with effect from 29.11.2012.
    This reversion was on the ground that he could not be
    specified as a Scheduled Caste by virtue of the 2002
    Amendment.

    7. The respondent, being aggrieved by this reversion,
    approached the Central Administrative Tribunal (CAT) by
    filing O.A.No.498 of 2012.

    8. The Tribunal, by the impugned order, took the view
    that the vacancy to the post to which the respondent
    herein had been promoted had arisen in 2000, when all

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    Mochis in Gujarat had been specified as Scheduled Caste,
    and therefore, the order of promotion granted to him was
    legal and valid. The Tribunal accordingly allowed the
    application and restored the promotion of the respondent.

    9. As a consequence, the EPFO is before this Court
    questioning the order of the Tribunal.

    II. SUBMISSIONS ON BEHALF OF EPFO-THE
    PETITIONER:

    10. Shri Rajesh K. Savjani, learned counsel appearing
    for the petitioner- EPFO contended that as on the date
    the respondent was promoted, i.e., in 2003 he could not
    be specified as Scheduled Caste because of the 2002
    Amendment, which specified only Mochis from a specified
    area to be Schedule Castes and, therefore, he could not
    have had the benefit of reservation. He submitted that the
    classification of vacancy in the year 2000 would be of no
    consequence and it would only be the date of promotion
    that would be relevant date for the purpose of
    considering the reserved category status of a candidate.
    He submitted that since people hailing from the Mochi
    caste only from two districts were specified as Scheduled
    Caste from 17.12.2002, all other Mochis in the State
    could not claim to be a caste specified in the Scheduled
    Caste and claim to be entitled to the benefits thereof. He
    submitted that the reservation that the respondent was

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    entitled to when his caste was specified, would only
    ennure to his benefit till the caste remained specified in
    the Constitution (Scheduled Castes) Order and the
    moment the caste was excluded from the Presidential
    Order by the 2022 Order, he would lose all the benefits
    that accrue to a reserved candidate.

    11. Learned Counsel placed reliance on the following
    citations:

    1. Shree Surat Valsad Jilla KMG Parishad v. Union of India
    [(2007) 5 SCC 360]

    2. In the case of Union of India v. Krishna Kumar & Ors
    [(2019) 4 SCC 319]

    3. Bihar Sate Electricity Board & Ors. v. Dharamdeo Das
    [(2024) SCC Online SC 1768]

    4. K. Kirmala & Ors. v. Canara Bank & Anr. [(2024) SCC Online
    SC 2273]

    III. SUBMISSIONS ON BEHALF OF THE
    RESPONDENT:

    12. Ms. Himanshi Balodi, learned counsel appearing for
    the respondent, on the other hand, contended that the
    order of the Tribunal cannot be found fault with since
    promotion is always considered with reference to the date
    on which the vacancy arose and not on the date on which
    the promotion is actually effected. She, therefore,
    submitted that the order of the CAT considering the date
    on which the vacancy arose as being the relevant date for
    granting promotion, was correct and since Mr. Makwana

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    (respondent herein) belonged to Scheduled Caste on that
    date, his promotion cannot be found fault with.

    13. Learned counsel Ms. Balodi also went on to
    elaborate and contended that once a caste is specified as
    a Scheduled Caste in the manner specified in Art 341 of
    the Constitution, all people born into that caste, at that
    point in time, are vested with a constitutional right, which
    confers various benefits of reservation in matters relating
    to education, employment, etc during the course of their
    entire life.

    14. She submitted that caste is conferred by birth and
    therefore, any person born into a caste which is specified
    as Scheduled Caste will carry that benefits throughout his
    lifetime. She emphasized that the conferment of the
    status of caste is by virtue of the birth into that caste and
    it is an involuntary act, which, in turn, is permanent and
    confers certain constitutional rights. She submitted that
    this right which vests on a person’s birth can neither be
    altered nor divested because of any future event.

    15. It is contended that a person born into a caste has
    no option but to remain in that caste and he is always
    identified as a person belonging to that caste during his
    entire life. She, therefore, submitted that if a person is
    born into a caste and if that caste is specified as

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    Scheduled Caste at the time of his birth, that candidate
    will always have the benefit of being specified as a
    Scheduled Caste throughout his lifetime and
    consequentially be entitled to the benefits that accrue by
    virtue of reservations in employment and education.

    16. Learned counsel Ms. Balodi submitted that the
    exclusion of a caste from the Scheduled Castes in the
    manner specified under Art 341 would only mean that a
    person who is born into the caste after the exclusion will
    not get the benefit of reservation, and this is simply
    because a person is born into a caste and therefore, the
    date on which he is born into that caste becomes the only
    relevant factor for the purpose of considering whether he
    can be specified as a Scheduled Caste or not.

    17. Learned counsel Ms. Balodi also submitted that
    when the respondent was born into the Mochi caste,
    constitutionally, he was deemed to be a Scheduled Caste
    and if such a constitutional status is granted to a person,
    the same cannot be nullified after a certain period of time
    merely because that caste is no longer required to be
    specified as a Scheduled Caste. In short, she submitted
    that once a person is conferred the status of Scheduled
    Caste, he would have the benefit of reservations
    throughout his lifetime, and the benefit of reservation
    cannot be withdrawn or modified during his lifetime.

    
    
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                          IV.       QUESTIONS    WHICH       ARISE     FOR
    

    CONSIDERATION IN THIS WRIT PETITION:

    A. What are the rights that accrue to a person who is
    born into a caste, which at the time of his birth, was
    specified as a Scheduled Caste under Art 341 of the
    Constitution of India

    B. Whether these rights that accrue on him would stand
    vested with during his entire lifetime or whether it is
    a temporary right, which could be divested at any
    time or during his lifetime?

    C. Whether the order of the Tribunal considering the
    date on which the vacancy arose as the relevant date
    for determining the reserved category of Makwana
    was justified or not?

    V. A BRIEF OVERVIEW OF THE CASTE SYSTEM:

    18. Historically, people in our Society were categorized
    into four classes called Varnas, which was based on their
    respective vocations, probably with a view to maintain
    social order and harmony. However, over a period of
    time, these four classes of people have transformed
    themselves into a hereditary structure i.e., Castes (Jatis).
    What started off as a group of people, who stood
    identified by their vocation has morphed itself into a
    social group of people, the entry to which is only by birth
    and not by the avocation or the ability of the group of
    people. In other words, entry into a case is only by birth
    and exit is either by excommunication or by conversion

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    into another religion.

    19. A caste, in our country, is purported to be a social
    grouping. However, Dr. B. R. Ambedkar has described the
    caste as nothing but graded inequality and he stated that
    it was not a division of labour, but it was a division of
    labourers.

    20. It cannot be in dispute that though the origin of
    caste was related to the avocation of the people and all
    people who had the same avocation were classified as a
    particular caste, but the people of this caste, over a
    period of time, sequestered themselves or were more
    likely bracketed into a distinct group by the other
    castes/groups in the Society. Thus, this group became a
    closed group who intertwined amongst themselves and
    married only within the group. As a consequence, no one
    else was allowed to enter into it. Simply put, an avocation
    defined a group, and this group became a caste, which
    then became a part of a social hierarchy.

    21. The entry into this group i.e., into a caste is only by
    birth. In other words, a person cannot acquire or become
    a member of the caste voluntarily, even if he has learnt
    the skills or the trade of the said avocation. The entry into
    the caste is an involuntary act, which is pre-determined
    and it is conferred solely on the birth of the person into a

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    particular caste to which his parents belong. The
    moment, a person is born into a caste, social boundaries
    of the caste envelop that person, and he becomes a part
    of a social group.

    22. This social group or groups, over a period of time,
    have evolved into a hierarchy of superior and inferior
    castes. The castes in the lower hierarchy have gradually
    been oppressed and have been treated as an inferior
    group of people by the caste in the upper hierarchy. The
    castes in the lower hierarchy has, in fact, been treated in
    the most inhuman manner possible by the people
    belonging to the castes in the upper hierarchy with the
    intention of subduing them or with an intention of
    retaining their superiority or a mixture of both. This kind
    of oppression of a person who acquires a lower caste by
    birth has ultimately led to special provisions being
    created and formulated to end this oppression, protect
    them and also to elevate their status in our Society, when
    our constitution was framed.

    23. One thing is certain and that is, the acquisition of
    caste is by birth, and this caste stands attached to a
    person till he is alive. The only exception to this caste
    identity is if that person converts to another religion or is
    excommunicated by the other members of his caste.

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    24. It may also be pertinent to state here that the term
    caste has not been defined in the Constitution or any
    other statute and the Constitution has been framed
    keeping in mind caste as an existing reality and would
    have to be dealt with keeping in mind the constitutional
    principles. In the case of Indra Sawhney and Others v.
    Union of India and others
    reported in 1992 Supp(3)
    SCC 217, the Apex Court has defined caste thus:

    “The above material makes it amply clear that a
    caste is nothing but a social class – a socially
    homogeneous class. It is also an occupational
    grouping, with this difference that its membership is
    hereditary. One is born into it. Its membership is
    involuntary. Even if one ceases to follow that
    occupation, still he remains and continues a member
    of that group. To repeat, it is a socially and
    occupationally homogenous class. Endogamy is its
    main charateristic. Its social status and standing
    depends upon the nature of the occupation followed
    by it. Lowlier the occupation, lowlier the social
    standing of the class in the graded hierarchy.”

    25. Thus, viewed in this backdrop, for the purpose of
    this case, it becomes strikingly clear that the moment, the
    respondent herein was born into the Mochi caste, the
    acquisition of the caste was a permanent one and he
    would have to be considered as a Mochi throughout his
    lifetime.

    
                          VI.       AN OVERVIEW OF THE                         CONSTITUTIONAL
                                    PROVISIONS RELATING                        TO SCHEDULED
                                    CASTES
    
    
    
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                          VI(a).           In PART III
    
                          26. Article            15     prohibits      the       discrimination            on      the
    

    grounds of religion, race, caste, sex or class of birth by
    the State and forbids any kind of disability, liability,
    restriction or condition in relation to the access to shops,
    public restaurants, hotels and places of public
    entertainment and also from the use of wells, tanks,
    bathing ghats, roads and places of public resort
    maintained by the State or with State funds. Thus, the
    practice of discriminating or excluding people because of
    their caste is specifically provided in the Constitution,
    thereby, making the intent of treating every citizen
    equally.

    27. Article 15 (4), however, permits the State from
    making any special provision for the advancement of any
    socially or educationally backward classes of citizens or
    for the Schedule Castes or Schedule Tribes.

    28. Article 16 declares that there shall be equality of
    opportunity for all citizens in matters relating to
    employment or appointment to any office under the State
    and that there shall be no discriminated or be considered
    ineligible for employment only because of caste or
    religion or race.

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    29. Article 16 (4), however, permits the State from
    making any provision for reservation of appointments or
    posts in favour of backward class or classes which in the
    opinion of the State is inadequately represented in the
    services under the State.

    30. Article 16 (4A) permits the State from making a
    provision for reservation in matters relating to promotion
    along with consequential seniority in favour of Scheduled
    Castes or Scheduled Tribes, which in the opinion of the
    State are inadequately represented in the services under
    the State.

    31. Article 17 of the Constitution of India abolished
    untouchability and made enforcement of any disability
    arising out of untouchability to be an offence punishable
    in accordance with law. The practice of any form of
    untouchability was forbidden. Untouchability was,
    obviously, in relation to the oppressed class, i.e., those
    classes which were considered to be untouchable and
    who were to be kept out of society and isolated.

    32. Thus, Part III of the Constitution relating to
    Fundamental Rights specifically prohibits discrimination
    on the grounds of caste while at the same time they also
    permit the State to make reservations for the
    advancement of socially and educationally backward class

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    or classes and also specifically permits the State to make
    special provisions not only for reservation of
    appointments or posts but also to their promotions for the
    services under the State to any backward class of citizens
    or for Scheduled Castes or Tribes. The Constitution
    fundamentally recognizes the prevalence of caste in the
    Country and also seeks to remedy the ill effects of it by
    making provisions which permit their upliftment by way
    of affirmative action.

    VI(b). In PART IV i.e., DIRECTIVE PRINCIPLES OF
    STATE POLICY

    33. Art. 46 of the Constitution states, a directive
    principle, states that the State should promote with
    special care the educational and economic interests of the
    weaker sections of the people and in particular of the
    Scheduled Castes and the Scheduled tribes and it should
    protect them from social injustice and all forms of
    exploitation. The State, is therefore required to be
    guided, by the principle that the weaker sections of the
    society and more particularly the persons belonging to
    Scheduled Caste and Scheduled Tribe should be
    protected from any social injustice and from exploitation,
    thereby meaning that they required extra attention so as
    to achieve the objective of the preamble to secure social
    justice to all.

    
    
    
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                          VI(c). In Part XVI RELATING TO                                              SPECIAL
                                 PROVISIONS RELATING  TO                                              CERTAIN
                                 CLASSES
    
    

    34. Apart from the above special provisions made in
    Part III, Part XVI contains special provisions relating to
    certain classes. The provisions of this Part provide for
    reservation of seats for Scheduled Caste and Scheduled
    Tribes in the house of the people and in the Legislative
    Assemblies of the States (i.e. Article 330 and Article 332).

    35. Article 334 of the Constitution begins with a non-
    obstante clause and goes on to declare that the
    reservation of seats for Scheduled Castes and Scheduled
    Tribes shall cease to have effect on the expiration of 80
    years. This period, at the framing of the Constitution, was
    10 years and has been extended by several amendments
    made by the Parliaments. This would indicate that though
    the framers intended for the reservation of seats to be
    only for one decade, the law makers, in their wisdom
    have been extending the period continuously and this
    would mean that the lawmakers are clear that the castes
    specified as scheduled castes have still not progressed
    enough socially and still require affirmative action to
    achieve social justice.

    36. It would be significant to note that though a time
    limit for reservations to the scheduled castes and tribes

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    have been specified in the House of the people and the
    legislative assemblies in the State i.e., political
    reservations, there is no such time limit prescribed for
    reservations in education or in the services under the
    State. This would indicate that the framers of the
    Constitution were of the view that the reservations in
    these sectors would be a necessary feature and cannot be
    subjected to a time frame.

    37. Article 335 of the Constitution stipulates that the
    claims of the members of the Scheduled Caste and
    Scheduled Tribes should be taken into consideration
    consistently with the maintenance of efficiency of
    administration in the making of appointments to services
    and posts in connection with the affairs of the Union or of
    the State.

    38. The proviso to this Article declares that nothing in
    the Article would prevent the making of any provision in
    favour of members of the Scheduled Caste and Scheduled
    Tribes for relaxation in qualifying marks in any
    examination or lowering the standards of evaluation for
    reservation in matters or promotion to any class or
    classes of service or posts in connection with the affairs
    of the Union or of the State.

    39. Thus, there are several articles in the Constitution

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    which provide for reservation in matters of recruitment
    and promotion for services under the State and there are
    also provisions for making reservations in the educational
    field and also to the Legislative bodies. It also provides
    for the making of laws which lower the standard
    benchmarks to the scheduled castes in order to give them
    a nudge to advance themselves. These provisions reflect
    the clear constitutional mandate for the enhancement of
    the socially and educationally backward classes and also
    for the scheduled castes and tribes.

    40. Article 338 of the Constitution requires the
    formation of a National Commission for Scheduled castes
    which is tasked with duty to safeguard the interests of the
    Scheduled caste by monitoring and investigating all
    matter relating to the Scheduled Castes and also dealing
    with the complainants of deprivation of rights and
    safeguards provided to them.

    VII. SPECIFICATION OF SCHEDULED CASTES
    UNDER ART. 341

    41. Article 341 of the Constitution of India reads as
    follows:

    “(1) The President may with respect to any State or
    Union territory, and where it is a State, after
    consultation with the Governor thereof, by public
    notification, specify the castes, races or tribes or

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    parts of or groups within castes, races or tribes
    which shall for the purposes of this Constitution be
    deemed to be Scheduled Castes in relation to that
    State or Union territory, as the case may be.

    (2) Parliament may by law include in or exclude
    from the list of Scheduled Castes specified in a
    notification issued under clause (1) any caste, race
    or tribe or part of or group within any caste, race or
    tribe, but save as aforesaid a notification issued
    under the said clause shall not be varied by any
    subsequent notification.”

    It specifically deals with Scheduled Caste and it
    states that the President in respect of a State or
    Union Territory by issuance of public notification
    specify; (i) castes, (ii) races or tribes and (iii) parts
    or groups within castes, races or tribes, which would
    be deemed to be Scheduled Caste for the purposes
    of the Constitution in relation to the State or the
    Union Territory, as the case may be. This Article
    requires the President to consult the Governor, in
    case of a State, before issuance of the public
    notification. Thus, the Constitution itself provides for
    the President, to initially, specify those castes which
    are to be considered as scheduled castes and tribes
    and also prescribes a procedure.

    42. After the President initially specifies the castes
    which are to be deemed as Scheduled Castes and
    Scheduled Tribes, consciously the power to add, modify
    or exclude castes from the deemed scheduled castes or

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    tribes is conferred only on the Parliament under Art 341
    (2). This article specifically states that it is only as per the
    procedure prescribed under Art 341 (2) that is to be
    followed for exercising this power to amend, modify or
    exclude any case from the list of scheduled caste or
    tribes.

    43. As noticed earlier, reservation to the house of people
    and the legislative assemblies in states have been
    subjected to a time limit i.e., political reservations were
    to be provided only for a short time. Initially, the period
    for providing reservation was to be 10 years, but the
    same has been continued for 80 years. This would imply
    that the Parliament acknowledges that the oppressed
    classes still required protection and uplfitment in order to
    secure social justice to them.

    44. However, there is no such time frame for the
    reservations in the field of education and for services
    under the state. This does not mean that the reservations
    to the specified castes or scheduled tribes was
    necessarily a permanent feature. The benefit of
    reservation was sought to be regulated, in future, by
    empowering the Parliament to include, modify or exclude
    the castes from the list of scheduled castes which had
    been specified by the President.

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    45. Interestingly, the powers to include, modify or
    exclude a caste from the list of scheduled castes is not
    conferred to the legislative assemblies of the State but is
    expressly conferred on the Parliament thereby meaning
    that the tinkering with the list of specified castes is
    considered as a national issue and cannot be permitted to
    be regulated by the States, which may have a partisan
    approach in this regard.

    46. Thus, the Constitution enables only the Parliament
    to tinker with the inclusion, exclusion or modification of
    the castes which are deemed to be scheduled castes or
    scheduled tribes. This procedure highlights the
    importance that the Constitution attaches to achieving
    the objective of attaining social justice as proclaimed in
    the Preamble.

    47. A 7 judge bench of the Apex Court in the case of
    State of Punjab and others v. Davinder Singh and
    others
    reported in (2025) 1 SCC 1 has declared that it
    is only the Parliament which can amend the list specifying
    the scheduled castes and the States can only sub-classify
    the scheduled castes for ensuring that the reservations
    reach all the castes included in the list of scheduled
    castes.

    VIII. CHRONOLOGY OF THE SPECIFICATION OF

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    SCHEDULED CASTES BY THE PRESIDENT AND ITS
    MODIFICATION OR EXCLUSION BY THE PARLIAMENT
    SINCE 1950 IN RELATION TO THE STATE OF
    GUJARAT

    48. In exercise of the power conferred under Article
    341 (1)
    , the President issued a notification titled
    Constitution Scheduled Caste Order, 1950 after
    consulting the Governor (Raj Pramukh at that point in
    time). Under this Order, the President specified the
    castes, which are deemed to be scheduled castes and
    tribes for the State of Bombay. This State of Bombay
    included the areas which were to be later reorganized
    and which was to become the state of Gujarat. In other
    words, the State of Bombay, described in the notification,
    included the present State of Maharashtra and the
    present State of Gujarat in its entirety.

    49. Part-III of 1950 Order, in relation to State of
    Bombay, read as follows:

    “1. Throughout the State:-

    1 Ager
    2 Asodi
    3 Bakad
    4 Bhambi
    5 Bhangi
    6 Chakrawadya-Dasar
    7 Chalvadi
    8 Chambhar, or Mochigar, or Samagar
    9 Chena-Dasaru
    10 Chuhar or Chuhra
    11 Dakaleru
    12 Dhegu-Megu
    13 Dhor
    14 Garoda

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    15 Halleer
    16 Halsar, or Haslar, or Hulsavar
    17 Holaya, or Garode
    18 Kolcha, or Kolgha
    19 Lingader 20 Machigar
    21 Madig, or Mang
    22 Mahar
    23 Mahyavanshi
    24 Mangarudi
    25 Meghval, or Menghwar
    26 Mini Madig
    27 Mukri
    28: Nadia

    29. Rohit
    30 Shenva, or Shindhaya
    31 Shingdav, or Shingadya
    32 Sochi
    33 Timali
    34 Turi
    35 Vankar
    36 Vitholia

    2. Throughout the State except in Gujarat division: –

    Mochi”

    50. Thus, in the entire State of Bombay, except the
    Gujarat division, all Mochis were specified as Scheduled
    Caste. To put it differently, Mochis in the Gujarat division
    were not specified as Scheduled Caste.

    51. The President issued the Scheduled Castes and
    Scheduled Tribes List (Modification) Order, 1956,
    pursuant to Section 41 of the States Reorganization Act,
    1956 and Section 14 of the Bihar and West Bengal
    (Transfer of Territories) Act, 1956, which modified the
    earlier 1950 order.

    52. The 1950 Order was modified in the manner

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    specified in Schedule-I, II, III and IV of the said Order.

    53. Schedule-I of this Modification Order substituted
    Parts-I to XVI of the 1950 Order with Parts- I to XIII. Part-
    IV of the Schedule related to the State of Bombay and
    Clause 2 of this Part IV reads as follows:

    “2. In the districts of Greater Bombay, West Khandwa, East
    Khandwa, Dangs, Nasik, Ahmednagar, Poona, Satara
    North, Satara South, Kolhapur, Sholapur, Thana,
    Kolkata and Ratnagiri:

    Mochi”

    54. Thus, geographical restrictions were imposed by this
    modification of the year 1956 and only Mochis who
    belonged to the above-mentioned areas were specified as
    Scheduled Caste. In other words, Mochis, as against the
    earlier specification of all Mochis in the State of Bombay
    (except Gujarat Division), Mochis only in the specifically
    named areas came to be specified as Scheduled States.

    55. In the year 1960, the State of Bombay was re-
    organized and the State of Gujarat and the State of
    Maharashtra were created. Under this Act, the areas
    comprised of Dangs and the villages in Umbergaon taluka
    of Valsad district became part of the State of Gujarat.

    56. Section 26 of the Bombay Re-organization Act also

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    amended the Constitution (Scheduled Castes) Order,
    1950 as per Schedule-VII of that Act. By virtue of this
    Amendment, Part-IV of the 1950 Order was substituted
    and with reference to the State of Gujarat, in Clause-2, it
    was specified as follows:

    “2. In the district of Dangs and Umbergaon Taluka of Surat
    district;

    Mochi”.

    57. Thus, on the creation of the State of Gujarat, only
    Mochis who hailed from the districts of Dangs and
    Umbergaon taluka of Surat district were specified as
    Scheduled Caste. To put it differently, all Mochis in the
    State of Gujarat were not specified as Scheduled Caste
    and Mochis only from the aforementioned two areas were
    specified as Scheduled Caste.

    58. On 18.9.1976, the Parliament enacted the Scheduled
    Castes and Scheduled Tribes Orders (Amendment) Act,
    1976
    , by which the 1950 Order was amended by Section
    3
    of the Act and to the extent specified in Schedule I of
    the said Act. By this, in part 4 of the schedule, pertaining
    to Gujarat, Mochi caste was specified.

    1. Ager 16. Lingader

    2. Bakad, Bant 17. Mahar, Taral, Dhegu Megu

    3. Bawa-Dedh, Dedh-Sadhu 18. Mahyavansi, Dhed, Dhedh,
    Vankar, Antyaj Maru Vankar,

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    4,. Bhambi, Bhambhi, Asadaru, 19. Mang, Matang, Minimadig
    Asodi, Chamadia, Chamar,
    Chambhar, Chamgar, Hara-

    layya, Harali, Khalpa, Machi-

    gar, Mochigar, Madar, Madig,
    Mochi, Nalia, Telegu Mochi,
    Kamati Mochi, Ranigar,
    Rohidas, Rohit, Samgar

    5. Bhangi, Mehtar, Olgana, Rukhi, 20. Mang-Garudi
    Malkana, Halalkhor, Lalbegi,
    Balmiki, Korar, Zadmalli

    6. Chalvadi, Channayya 21. Meghval, Meghwal, Mengh-

    var

    7. Chenna Dasar, Holaya Dasar 22. Mukri

    8. Dangashia 23. Nadia, Hadi

    9. Dhor, Kakkayya, Kankayya 24. Pasi

    10. Garmatang 25. Senva, Shenva, Chenva,
    Sedma, Rawat
    11 Garoda, Garo 26. Shemalia
    12 Halleer 27. Thori
    13 Halsar, Haslar, Hulasvar, 28. Tirgar, Tirbanda
    Halasvar

    14. Holar, Valhar 29. Turi

    15. Holaya, Holer 30. Turi Barot, Dedh Barot

    59. As there were no geographical limitations imposed
    to the people belonging to Mochi caste, as had been
    imposed in the 1950 order and the 1956 order, Mochis all
    over the State of Gujarat came to be specified as
    Scheduled Castes.

    60. In other words, from 18.9.1976 all the Mochis in the
    State of Gujarat were specified as Scheduled Castes by
    way of a Parliamentary law made in pursuance of the
    powers conferred under Art 341 (2) of the Constitution.
    The legal inference of this modification made in 1976

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    would be that the Parliament was of the view that all the
    Mochis in the State of Gujarat which had been created 16
    years ago in 1960, were still socially backward and
    required to be extended the benefits of reservation.

    61. On 17.12.2002, the Parliament enacted the
    Constitution (Scheduled Castes and Scheduled Tribes)
    Orders (Second Amendment) Act, 2002
    . By this
    amendment, Part IV of Schedule 1 of the 1950 Order,
    which related to Gujarat, entry was substituted as
    follows:

    “4. Bhambi, Bhambhi, Asadaru, Asodi,
    Chamadia, Chamar, Chamar-Ravidas, Chambhar,
    Chamgar, Haralayya, Harali, Khalpa, Machigar,
    Mochigar, Madar, Madig, Mochi (in Dangs district
    and Umergaon Taluka of Valsad district only), Nalia,
    Telugu Mochi, Kamati Mochi, Ranigar, Rohidas,
    Rohit, Samgar”

    62. As could be seen from the above, by this
    amendment, geographic restrictions, as was prevailing
    before 1976, was imposed on Mochis and only those
    Mochis who hailed from Dang district and Umergaon
    Taluk of Valsad District were only specified as Scheduled
    Castes.

    63. The legal inference of this modification would be
    that the Parliament was of the view that people belonging
    to the Mochis only from certain areas were socially

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    backward and needed the benefits of reservation to be
    uplifted. This would mean either of two things. Firstly,
    that Mochis from other areas of Gujarat had advanced
    socially and did not require the benefit for their upward
    social mobility or the removal of geographical restrictions
    was an error. Irrespective of the reason for the
    modification, viewed from a legal angle, the fact remains
    that Mochis all over the State of Gujarat were specified as
    Scheduled castes for 28 long years i.w., more than a
    quarter of century.

    64. In short, the legal implication of this amendment is
    that the Parliament was of the view that only Mochis from
    two specified areas needed the benefit of reservation.

    65. Thus, the historical journey of specifying Mochis as
    Scheduled Castes can be summarised by stating that in
    1950 Mochis only from specified areas had been specified
    as Scheduled castes and this situation prevailed till 1976
    and from 1976 to 2002 i.e., for 28 years, Mochis
    throughout the State of Gujarat, without any geographical
    restrictions had been specified as Scheduled Castes and
    from 2002 onwards Mochis only from specified areas
    have been specified as Scheduled Castes.

    IX. EFFECT OF INCLUSION, MODIFICATION OR
    EXCLUSION OF A CASTE FROM THE LIST OF
    SPECIFIED CASTES UNDER ART 341

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    66. What would be the fate of the Mochis who were born
    between 1976 and 2002 in the State of Gujarat when
    Mochis had been specified as Scheduled castes would be
    the question that arises for consideration, more so,
    because from 2002, Mochis only from specified areas
    have been specified as Scheduled Castes?

    67. What would be the fate of those Mochis who had
    lawfully take the benefit of reservation by virtue of their
    caste being specified as Scheduled castes in this period of
    26 years i.e., over a quarter of century?

    68. Would they lose their right to gain the benefit of
    reservation, or would they have a vested right to continue
    to receive the benefit of reservation that had been
    constitutionally conferred on them?

    69. The answer to these questions, in our view, would
    basically depend on the legal effect of specifying a caste
    as a Scheduled caste by a Parliamentary law which
    amended the original list specified by the President in
    1950.

    70. First of all, the power to include, modify or even
    exclude a caste from being specified as Scheduled caste
    is specifically conferred on the Parliament under Art 341
    (2). This means that the law recognizes that the exercise

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    of specifying castes as a Scheduled caste is not a one
    time event and specifying a caste as a Scheduled Caste
    need not be permanent and the Parliament, if it so chose,
    could either add a caste to the specified lists of Scheduled
    caste or even modify an existing caste and could also
    altogether remove an entire caste from the list.

    71. In the event of adding to the list, it is obvious that
    from the date the caste is added, all the members of the
    caste would become entitled to claim the benefits of
    reservation. This would be basically because the entire
    caste, at the time of its inclusion in the list, was being
    considered as socially backward and thereby required the
    benefit of reservation to move out of their social
    backwardness.

    72. In the event of modifying or excluding a caste from
    the list of specified scheduled, a vexed question would
    arise regarding the status of the people who had availed
    the benefit of reservation in the interregnum. Basically,
    from the date of modification or exclusion, the members
    of the castes would lose the right to claim the benefit of
    reservation because the Parliament did not consider them
    to be socially backward and they had progressed
    probably because they had availed the benefits of
    reservation and the reservation had thus fulfilled its
    objective.

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    73. However, whether the people who had availed the
    benefit of reservation lawfully, when their caste had been
    specified as a Scheduled caste, would lose the benefit of
    reservation on the day their caste was excluded from the
    list of scheduled castes, would be the moot question.

    74. In our view, the answer to this query would depend
    on the manner in which a caste is imposed on an
    individual and the nature of right that is conferred on a
    member of the caste, which has been specified as a
    Scheduled caste and also the right that accrues to a
    person who has taken the benefit of reservation by virtue
    of his caste having been specified as a Scheduled caste,
    even though he had been born prior to the 1976
    amendment.

    75. As discussed earlier, a man acquires a caste the
    moment he is born and this is an involuntary act over
    which he has no control. The acquisition of caste at the
    time of his birth remains with him for the rest of his life.
    Thus, caste is an identity which adheres to a man from
    the time of his birth and endures during his entire life.

    76. If a person is born into a caste, which had been
    specified as a Scheduled caste at the time of his birth,
    this would mean that his caste was considered as socially
    backward at that point of time and required the benefits

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    of reservation. This would also mean that this person
    would continue to be socially backward during his entire
    life even though his caste, as a whole, could in future,
    advanced socially, as a consequence of which, the
    Parliament could decide to exclude the entire caste from
    gaining the benefits of reservation.

    77. This would also apply to a person, who though born
    earlier to his caste being specified as a scheduled castes,
    takes the benefit of reservation by virtue of the fact that
    his caste was specified as a Scheduled caste after he was
    born and he had as a consequence availed of the
    reservation.

    78. The exclusion of a caste from the list of scheduled
    castes can only be prospective and the benefits that had
    accrued on a person who had been born into the caste
    when it was included in the list of scheduled castes would
    continue to adhere to him during his life time. This is
    fundamentally because caste is acquired by birth and
    comes to an end only on the death of the person.

    79. The very purpose of the President, initially in 1950,
    to specify a caste to be deemed to be a Scheduled caste is
    that the President after consultation with the concerned,
    was satisfied that, a particular caste was oppressed and
    deserved to be given the benefit of reservation so to

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    enable that members of the caste to advance in society
    and thereby uplift their lives socially and economically.

    80. The framers of the Constitution were also conscious
    of the fact that the castes specified as Scheduled castes
    would not remain backward or oppressed forever and the
    benefits conferred on them by specifying them as
    scheduled castes would have lead to an improvement in
    their social and economical status in society and since the
    benefit of reservation granted to them had served its
    purpose, the Parliament was conferred with the power to
    modify or even exclude that caste from being specified as
    a Scheduled caste.

    81. This would basically mean that the period during
    which the caste had been specified as Scheduled caste,
    the members of the caste were considered as oppressed
    and weak who required the benefit of reservation. This,
    however, should not mean that the persons who had
    taken the benefit of reservation will loose the benefit
    midway on the assumption that the social status of his
    caste had improved their economical and social status.
    The caste, on the whole, during the period that it was
    specified as a scheduled case, could have improved
    necessitating the withdrawal of the benefit of reservation.

    82. However, the fact remains that the person who was

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    born during the period in which his caste was specified as
    a Scheduled caste, and a person who availed the benefit
    of reservation because his caste had been specified as a
    schedule caste would be a person who was considered as
    oppressed and backward at the time of birth and at the
    time his caste was specified as a schedule caste and
    would therefore be in need of the benefits of reservation
    throughout his life. This is fundamentally because a caste
    is thrust upon a person at the time of his birth and would
    continue till his death and as a consequence any person
    who is born into a caste, which at that time was specified
    as a scheduled caste, will have to be considered as a
    person belonging to a Scheduled caste till his death.

    83. It will also have to be noticed that a person who is
    born into a caste acquires a vested right to gain the
    benefits of reservation because of the fact that his caste
    had been specified as a Scheduled caste when he was
    born. Similarly, when a caste is specified as a Scheduled
    caste, all the persons who belong to that caste at that
    point in time also acquire a vested right to be considered
    as a Scheduled caste. This right, in fact, would be a
    constitutionally protected right and this constitutional
    right cannot be divested by a Parliamentary law. It must
    be borne in mind that once a right vests in a person, a
    subsequent law cannot divest that right and this principle
    would apply with greater force when it comes to a right

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    which is vested constitutionally.

    84. This proposition, in our view, would do away with
    any adverse impact on an individual who was conferred a
    constitutional right to secure the benefits of reservation
    for uplifting his life. A contrary view that a person would
    loose all the benefits of reservation that was initially
    conferred on him on his caste being excluded from the
    specification as a scheduled case, would basically mean
    that the law seeks to abandon an individual midway and
    expect him to fend for himself, and that too after
    promising him a secured and bright future. Such an
    interpretation of the effect of a Parliamentary law, in
    essence, would mean that a person who had been granted
    a constitutional right would lose that constitutional right
    and be left in the lurch because of a Parliamentary law.
    This interpretation of a parliamentary law would be
    constitutionally immoral.

    85. In our view, in order to limit the adverse impact of
    excluding a caste from being specified as a Scheduled
    caste by a Parliamentary law, it would be appropriate to
    hold that the persons born into a Scheduled caste, when
    it had been specified as Scheduled caste or a person who
    had taken the benefit of reservation because his caste
    had been specified as a Scheduled caste at that point in
    time, will be entitled to all the benefits of reservation

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    during his entire lifetime and would not loose it midway.
    Consequentially, any person who is born into a caste
    which was not specified as a scheduled case at the time of
    his birth (even though his caste was previously specified
    as Scheduled caste) will not be entitled to any benefit of
    reservation.

    86. This may result in certain incongruous situation,
    such as a father would be considered as belonging to a
    Scheduled caste but his son who was born after the caste
    was excluded from the list of specified Scheduled caste,
    would not have the benefits of reservation. However, it
    has to be kept in mind that the Parliament has been
    conferred with the power to exclude a caste from the list
    of scheduled castes taking into consideration the events
    that have transpired after the inclusion which does not
    justify the inclusion to be continued. This would mean
    that the persons have been born into a caste which has
    progressed and does not need the benefit of reservation.
    This, in our view, is the only manner to ensure that the
    benefits of reservation that flow from a caste being
    specified as a Scheduled caste can be harmonized and
    any adverse affect is avoided by the exclusion of a caste
    from the list of scheduled castes.

    87. We answer Questions A and B accordingly.

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    88. In the instant case, since the respondent was born
    into the Mochi caste which had been specified as a
    Scheduled caste and had taken the benefit of reservation
    when his caste had been specified as a scheduled caste,
    he would be entitled to all the benefits of reservation
    throughout his lifetime and he cannot be deprived of the
    benefit of reservation by the exclusion of his caste from
    the list of Scheduled caste. Consequently, he would be
    entitled to the benefit of promotions by virtue of being a
    person belonging to the Scheduled caste throughout his
    tenure. As a result, the stripping of his promotion granted
    in 2003 by passing an order of reversion in 2012 cannot
    be sustained.

    89. The reliance placed by the learned counsel
    appearing for the petitioner on the judgment rendered by
    the Apex Court in Shree Surat Valsad Jilla KMC
    Parishad vs UOI and ors
    while deciding the challenge
    to the order of this Court upholding the imposition of
    geographical area restrictions to the Mochis, to contend
    that the moment the 2002 amendment, the Mochis who
    hailed from areas other than Dang district and Umargaon
    Taluka of Valsad District would lose the benefit of
    reservation, would not be correct.

    90. In the said case, the Apex Court while upholding the
    2002 amendment has also stated that in relation to a case

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    undefined

    pertaining to a grant of dealership, reserved to the
    Scheduled caste candidates, as the appellant therein
    stood excluded from the list of scheduled castes because
    of the 2002 amendment, he would not be entitled to
    retain the dealership because only a letter of intent had
    been issued to him.

    91. At the outset, it is to be stated here that the
    entitlement to a dealership cannot be equated with the
    reservation accorded to an employment under the
    services of the state. In the case of employment, a
    candidate from a Scheduled caste would acquire a vested
    right, the moment he is born, to claim the benefit and
    once he claims the benefit of reservation, he also acquires
    a vested right to be considered as a Scheduled caste
    throughout his career. In the case of a dealership, there
    is no question of any vested right, and it is only a benefit
    which is temporary as the dealership would not be
    permanent as such benefit was only secured by a Letter
    of Intent. We are therefore of the view that this judgment
    would be of no avail.

                          X.       RE: THE REASONING OF THE CAT
    
                          92. The              Tribunal        has    taken      the   view         that        the
    

    respondent’s caste had been specified as a Scheduled
    caste as on the date the vacancy for the promotional post
    arose and therefore the promotion accorded to him

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    cannot be found fault with it. In the view that we have
    taken that the respondent would have the benefit of being
    considered as a person belonging to a Scheduled caste
    during his entire lifetime, he would be entitled to the
    benefits of reservation throughout his career.
    Consequently, the question of whether reservation is to
    be taken into consideration on the day that the vacancy
    arose and not on the day it was granted would be
    irrelevant and as a result the stripping of the promotion
    and the reversion of the petitioner cannot be sustained.

    93. We answer Question C accordingly.

    XI. CONCLUSION

    94. Consequently, in the light of the view taken by us,
    the order of the CAT which ultimately protects the
    promotion granted to the respondent, for the reasons
    given by us herein above, deserves to be affirmed and as
    a result the writ petition filed by the employer is
    DISMISSED.

    Sd/-

    (N.S.SANJAY GOWDA,J)

    Sd/-

    (J. L. ODEDRA, J)
    OMKAR

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