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(d) One per cent of appointments or posts or seats so reserved under the rule of reservation for the Scheduled Castes shall be reserved to the persons belonging to the following Scheduled Castes, which shall be referred to as Scheduled Castes-D, namely-

Adi Andhra Mashti Mitha Ayyalvar Panchama, Pariah"

Thus, four groups are created being ABCD purely on the basis of caste in the traditional sense of the word. Therefore, it is not a Legislation addressed to Scheduled Castes as envisaged under Constitution. It is purely a Legislation which creates groups on the basis of castes. The one thing which could connect this exercise to the Presidential notification is that, all castes in these four groups are also mentioned in that notification but that would not mean that these groups which have been grouped together are Scheduled Castes. Therefore, this classification is a classification based on castes which is prohibited by Articles 15 and 16 of the Constitution of India and any classification based on caste alone is ultra vires. Once a group is included in the notification issued by President of India under Article 341 that group attains the status of Scheduled Caste whether traditionally it belongs to a low caste or a high class. In this connection the status of the Scheduled Castes and Scheduled Tribes in terms of Article 341 was elaborately discussed by seven Judges of the Supreme Court in State of Kerala v. N.M. Thomas, . Majority judgment was drafted by Chief Justice A.N. Ray as His Lordship then was. In Para 40 of the majority judgment the Supreme Court held: