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(c) Reservation made under Clause (4) of Article 15 should be reasonable and it should not be such as to defeat or nullify the main Rule of equality contained in Clause (1).

(d) A provision under Article 15(4) need not be in the form of legislation and it can be made by an executive order."

26. The caste "Thakar" was shown in the list of Other Backward Classes at serial No. 111 in the Government Resolution dated 29th May, 1933, issued by the erstwhile Government of Bombay and the caste "Thakur" was shown at serial No. 26 in the list of aborigines and hilly tribes in the said resolution. During the post-independence era the caste "Thakur" was shown at serial No. 1 in the list of Scheduled Tribes and the caste "Thakar" was shown at serial No. 142 in the list of Other Backward Classes in the Government Resolution dated 11-1-1950, The Scheduled Castes and the Scheduled Tribes (Modification) Order, 1956, had shown area restrictions for the Scheduled Tribe 'Thakur" caste and the Government of Maharashtra made representations to the Central Government stating that the citizens belonging to this tribe had moved to other parts due to migration and their claim as belonging to the Scheduled Tribe could not be accepted beyond talukas/districts as mentioned in the Presidential Order of 1956, though such persons genuinely belonged to the Scheduled Tribe. This fact is evident from the letter dated 28th July, 1974, addressed on behalf of the Chief Minister of Maharashtra to the Secretary to the Prime Minister. This ground reality appears to have been considered by the Parliament and therefore, the area restrictions came to be removed by the Presidential Order of 1976. Thus, entry at serial No. 44 in the amendment to the Presidential Order of 1976, pertaining to the "Thakur" Scheduled Tribe has to be read and considered. This entry by itself shows that all the persons belonging to the "Thakur, Thakar, Ka Thakur, Ka Thakar, Ma Thakur, Ma Thakar" caste are required to be classified as Scheduled Tribes in the State of Maharashtra irrespective of the taluka or district of their residence.

27. However, by the Resolution dated 8th July, 1982 the Government of Maharashtra listed the caste Thakar in the list of Other Backward Classes at serial No. 200. Thus, there was some sort of contradiction between the list of Backward Class of Citizens issued by the State Government in the year 1982 and the list of Scheduled Tribes issued under the Presidential Order of 1976 under Article 342 of the Constitution of India in relation to 'Thakur" caste. The entry at serial No. 44 of the Schedule Tribes List issued under the Presidential Order shows the caste 'Thakur/Thakar, Ka Thakur/Ka Thakar, Ma Thakur/Ma Thakar".

36. As noted earlier, the erstwhile Government of Bombay vide its resolution dated 29-5-1933 had declared 125 castes in Other Backward Classes and at serial No. 111 "Thakur" caste was shown, whereas, at serial No. 26 in the list of aborigines and hilly tribals "Thakar" caste was shown. In the subsequent resolution dated 23-4-1942 at serial No. 173 in the list of intermediary communities, "Pardeshi Thakur" was shown at serial No. 173, whereas, at serial No. 186 "Rajput" caste was shown. "Thakur" caste was shown at serial No. 116 under the Other Backward Castes. Similarly, "Thakur" caste was shown at serial No. 26 of the Hilly tribes. By and large the same position continued. Pursuant to the advent of the Bombay Reorganisation of States Act, 1960, the modified list of Other Backward Classes, Vimukt Jatis and Nomadic Tribes came to be published by the State Government. At serial No. 156 was shown "Thakar" caste in the list of Other Backward Classes. This entry was deleted by Government Resolution dated 9th December, 1977 and was incorporated by the subsequent Government Resolution dated 8th July, 1982, at serial No. 200.

40. In the resolution dated 23rd April, 1942, at serial No. 75 in the Other Backward communities, "Lamhani" was listed and at serial No. 127 "Vanjari" was listed. In the subsequent resolution dated 1-10-1950 issued in the post-Independence era for the first time the caste "Lamhani" was shown at serial No. 89 and the caste "Vanjari" was shown at serial No. 155 under the list of Other Backward Communities. Two additional groups namely; Vimochit Jatis and Nomadic/Semi Nomadic Tribes were listed in the scheduled Castes, scheduled Tribes and Other Backward Communities. The caste "Lamhani" which was earlier listed in the Other Backward Communities came to be listed as Vimochit Jati at serial No. 5, whereas, the caste "Vanjari or Vanjara" including "Lad Vanjari/Vanjara" remained Other Backward Classes. The Government of Bombay had created a post of Officer on Special duty for unification of lists of Other Backward Communities and the said Officer was directed to take an extensive survey of the issues including the criminal tribes and nomadic tribes throughout the State as also to study their living conditions, ascertain their felt needs and find out ways and means to meet these needs and to recommend uniform list of all communities in Vimochit Jatis as well as Nomadic/Seminomadic tribes. The Officer submitted his final report and the State Government noted synonym of these different tribes e.g. for Lamhan synonyms were accepted as Banjaras, Kachakiwale Banjaras, Lamhas Banjaras and Lambadas. When the list of Other Backward Classes was published vide Government Resolution dated 13-10-1967, the community of Lamhani/Lambada was removed from the said list while the caste "Vanjari" continued to be in the list of Other Backward Classes this was so in the list published on 17-8-1994. The relevant entry was "Vanjari and Vanjara". This position continued till the decision of this Court in the case of Ganpat Sankhe (supra).