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24. To be in the definition of Scheduled Caste as defined by Article 366(24) one must be one amongst the castes notified in the Presidential Order. In exercise of the power of judicial review, Courts cannot give a declaration with respect to status, synonymous with names, castes claimed by a person be conformed to the names in the list or a particular caste being synonymous with the name of the caste listed. The State's power for providing reservation with respect to Scheduled Castes as enabled by Articles 15(4) and 16(4) is circumscribed with respect to the Scheduled Castes shown in the list as a unit. The Presidential Order is not subject to variation, modification, alteration or amendment in any form except as permitted by Article 341(2) of the Constitution. Construing the provisions of Article 341(2) to be to effectuate its constitutional object, the categorisation by the impugned Act amounts to trenching upon the powers of the Parliament; resultantly is beyond the legislative competence of the State. Reservation made for Scheduled Castes is subject to judicial review. It can be examined on the touch stone of fundamental rights read with Article 335. The State having provided 15% reservation in exercise of its powers under Articles 15 and 16 it is only to the extent of percentage of reservation not exceeding 50% that the State can regulate and vary.

76. The learned Counsel for the respondent demurred the submissions made by the Counsel for the petitioner. It was argued that the object of Article 341 is to avoid disputes as to whether a caste is a scheduled caste or not for the purpose of the Constitution. It is the Presidential Order issued by virtue of Article 341 which would determine who would be a member of the Scheduled caste for the purpose of the Constitution. The power of the President is limited to specify the caste which shall be deemed to be scheduled caste in relation to a State or for the purpose of the Constitution. The law laid down by the Supreme Court as referred to by the petitioner is to the effect that it is not open to a person lo lead evidence to enable him to show that though in the Presidential Order 'a' caste or sub caste is shown to be a scheduled caste, but that particular caste includes or deemed to include caste 'b' too. It is in this context that the declaration with respect to a caste made in the Presidential Order under Article 341 and defined by Article 366(24) that a particular caste is a scheduled caste shall be conclusive. The Presidential Order only determines who is a member of a scheduled caste. Once it is notified, the caste comes within the definition of a scheduled casle as defined by Article 366(24). The Courts cannot give any declaration with respect to status that synonymous names of a caste are referable to the Presidential Order. Reliance was placed on Basavalingappa's case, , Action Committee on issue of caste certificate to SCs & STs in the State of Maharashtra v. Union of India, , Bhaiya Lal's case, , State of Tamil Nadu v. A. Gurusamy, , Prabhu Dev v. Ramachandra, .

"Article 16 in the first instance by clause (2) prohibits discrimination on the ground, inter alia, of religion, race, caste, place of birth, residence and permits an exception to be made in the matter of reservation in favour of Backward Classes of citizens. The expression "Backward Class" is not used as synonymous with "Backward Caste" or "Backward Community". The members of an entire caste or community may in the social, economic and educational scale of values at a given time be backward and may on that account be treated as a Backward Class, but that is not because they are members of a caste or community, but because they form a class. In its ordinary connotation the expression "class" means a homogenous section of the people grouped together because of certain likenesses or common traits, and who are identifiable by some common attributes such as status, rank, occupation, residence in a locality, race religion and the like. But for the purpose of Article 16(4) in determining whether a section forms a class, a test solely based on caste, community, race, religion, sex, descent, place of birth or residence cannot be adopted, because it would directly offend the Constitution."